G.R. No. 133638 – 496 Phil. 97 – 456 SCRA 193 – Civil Law – Law on Sales – Elements of a Contract of Sale – Consent Vitiated Cleopas Ape died in 1950 and left a parcel of land (Lot 2319) to his 11 children. The children never formally divided […]
Civil Law
310 posts
G.R. No. L-7817 – 100 Phil 168 – Civil Law – Torts and Damages – Obligations arising from human relations Prior to 1948, Commercial Airlines (CALI) owed P170k (abt. $79k) to Shell Company. CALI offered its C-54 plane as payment to Shell Company (the plane was in California) but Shell at that […]
G.R. No. L-12219 – 37 Phil. 809 – Civil Law – Torts and Damages – Doctrine of Last Clear Chance In December 1912, Amado Picart was riding his horse and while they were on a 75 meter long bridge, he saw Frank Smith Jr.’s car approaching. Smith blew his horn thrice […]
G.R. No. L-12986 – 123 Phil. 272 – 16 SCRA 448 – Civil Law – Torts and Damages – Res Ipsa Loquitur In March 1948, in Rizal Avenue, Manila, a tank truck was hosing gasoline into the underground storage of Caltex. Apparently, a fire broke out from the gasoline station […]
G.R. No. L-21486 – 123 Phil. 875 – 17 SCRA 22 – Civil Law – Torts and Damages – Negligence; Tire blow out is not a fortuitous event In October 1959, Lolita de Jesus was riding a bus owned by La Mallorca and Pampanga Bus Company which had a head […]
G.R. No. L-7760 – 28 Phil. 122 – Civil Law – Torts and Damages – Drunkenness is not Negligence per se In August 1909, E.M. Wright was driving his calesa going home. He had drunk more wine than he customarily does. Before he could be home, he would have to cross […]
G.R. No. L-20322 – 132 Phil. 369 – 38 SCRA 899 – Civil Law – Torts and Damages – Liability of the State for acts of special agents In April 1960, a certain Ildefenso Ortiz sued the Irrigation Service Unit (ISU) which was under the Department of Public Works because […]
G.R. No. L-47033 – 72 Phil. 14 – Civil Law – Torts and Damages – Liability of proprietors Jose Dingcong was the owner of a hotel in Iloilo. In 1933, a certain Francisco Echevarria rented a room in the upper floor of the hotel. The room he rented was immediately […]
G.R. No. L-23052 – 130 Phil. 244 – 22 SCRA 267 – Civil Law – Torts and Damages – Liability of municipal corporations in certain cases General Principles – General Law vs Special Law – A Special Law may contain General Laws and Vice VersaOne day in January 1958, at […]
G.R. No. L-9010 – 27 Phil. 374 – Civil Law – Torts and Damages – Liability of owners of motor vehicles The facts of the case took place in the 1910’s. J.H. Chapman visited a friend in Santa Ana and while he was about to ride a vehicle to take him […]
G.R. No. L-2075 – 85 Phil. 67 – Civil Law – Torts and Damages – Liability of possessors or users of animals – Assumption of Risk Loreto Afialda was a caretaker of the carabaos owned by Basilio Hisole. In March 1947, without any fault from Afialda or any force majeure, one […]
G.R. No. L-11154 – 34 Phil. 311 – Civil Law – Torts and Damages – Liability of the State for acts of special agents Political Law – Non-Suability of the State – Waiver of Non-Suability is Not Admission of Liability The facts of the case took place in the 1910’s. […]
G.R. No. L-29025 – 148-B Phil. 1029 – 41 SCRA 548 – Civil Law – Torts and Damages – Liability of teachers/heads of establishments of arts and trades In March 1966, while Dominador Palisoc (16 years old) was watching Virgilio Daffon and Desiderio Cruz work on a machine in their […]
G.R. No. L-10134 – 101 Phil. 843 – Civil Law – Torts and Damages – Liability of Parents Dante Capuno was a 15 year old boy who was a pupil at Balintawak Elementary School. In March 1949, he attended a boy scout parade for Dr. Jose Rizal. While they were […]
G.R. No. 48930 – 74 Phil. 560 – Civil Law – Torts and Damages – Distinction of Liability of Employers Under Article 2180 and Their Liability for Breach of Contract In January 1932, Francisco De Borja entered into a contract of sale with the NVSD (Natividad-Vasquez Sabani Development Co., Inc.). […]
G.R. No. L-24101 – 35 SCRA 160 – Civil Law – Torts and Damages – Liability of Parents Maria Teresa Cuadra and Maria Teresa Monfort were both classmates at Mabini Elementary School, Bacolod City. In July 1962, their teacher assigned the class to weed the school premises. While they were doing […]