G.R. No. 210504 – 824 Phil. 454 – 852 SCRA 631 – Civil Law – Law on Property – Recovery of Possession – Accion Reivindicatoria is a real action but in personam; Exceptions The Heirs of Alfonso Yusingco won several cases (accion reivindicatoria cases) and their ownership over certain parcels […]
Civil Law
308 posts
G.R. No. 170189 – 644 Phil. 43 – 629 SCRA 580 – Civil Law – Law on Property – Recovery of Property – Accion Reivindicatoria Builder in Bad Faith – Knowledge of Encroachment Spouses Elegio and Dolia Cañezo are the owners of a lot (Lot 13) in Mandaluyong. Adjacent to […]
G.R. No. 213687 – 868 Phil. 206 – 117 OG No. 33 – Civil Law – Persons and Family Relations – Article 147; Family Code – Special Co-Ownership – Property Regime of marriages Dissolved under Art. 36 Remedial Law – Special Proceedings – Petition for Declaration of Nullity of Marriage […]
G.R. No. 231319 – Civil Law – Persons and Family Relations – Void Marriage under Art. 36; Property Regime is Co-ownership; How dissolved Remedial Law – Special Proceedings – Petition for Declaration of Absolute Nullity of Marriage – There is Forum Shopping if Separate Proceedings is Filed to partition Properties […]
G.R. No. 122749 – 328 Phil. 1289 – 260 SCRA 221 – Civil Law – Persons and Family Relations – Family Code – Annulment of Marriage; Psychological Incapacity – Property Relations between spouses whose marriage is dissolved under Article 36 is governed by co-ownership; Dissolution of Property Regime Antonio Valdes […]
G.R. No. L-48840 – 74 Phil. 479 – Remedial Law – Special Proceedings – Settlement of Estate – Probate of Will – Probate is Mandatory; Heirs cannot disregard will Civil Law – Succession – Last Will and Testament – Heirs cannot disregard will Ernesto Guevara and Rosario Guevara were children […]
G.R. No. 209518 – 811 Phil. 192 – Remedial Law – Civil Procedure – How Jurisdiction acquired; Summons – Voluntary Appearance Civil Law – Land Titles and Deeds – Title cannot be collaterally attached In 2011, Ana Kari Carmencita Nustad filed a civil case against Ma. Hazelina Tujan-Militante. Ana prayed […]
G.R. No. 187847 – Civil Law – Conflict of Laws – Most Significant Relationship Rule Succession – Death Benefits Do Not Form Part of a Decedent’s Estate In January 2000, Efren Alcañeses died in a plane accident in Ivory Coast. He was survived by his widow, Esther Alcañeses. In July […]
G.R. No. 240199 – 851 Phil. 1143 – Remedial Law – Special Proceedings – Settlement of Estate of Deceased Persons – General Principles – When does successional rights commence?Civil Law – Succession – Start of Successional Rights In 1986, Amanda Burgos executed a will whereby she devised a property in […]
G.R. No. 196049 – 700 SCRA 69 – Remedial Law – Special Proceedings – Proving a Fact – Matter of proving foreign law is covered by special proceedings Civil Law – Persons and Family Relations – Dissolution of Marriage – Petition for Annulment – Divorce Obtained Abroad – Who may […]
G.R. No. 166676 – 586 Phil. 637 – 565 SCRA 72 – Remedial Law – Special Proceedings – Change of Name – Correction of Entries – Instance where a biological female is allowed to be registered as male Civil Law – Civil Status – Registration of Births Jennifer Cagandahan was […]
G.R. No. 208293 – G.R. No. 208295 – 749 Phil. 948 – Civil Law – Torts and Damages – Negligence – Diligence Required of a Bank; Extraordinary Diligence In 1991, Angel C. Santos died. In 1996, his heirs (Carmelita Santos, Reyme Santos, Angel L. Santos, and Noneng Dianco) went to […]
G.R. No. 194239 – 760 Phil. 304 – 798 SCRA 292 – Remedial Law – Rules of Procedure in Environmental Cases – Writ of Kalikasan; Environmental Protection Order – Parties in Interest – Claim for Damages not allowed in Environmental CasesThe First Philippine Industrial Corporation (FPIC) maintains a 117 kilometer […]
G.R. No. 209906 – 821 Phil. 468 – Civil Law – Torts and Damages – Article 2187 – Strict Liability Torts – Product Liability Tort – Exhaustion of Administrative Remedy Not Required Moral Damages – Exemplary Damages – When granted in strict liability tort cases In 1995, Ernani Meñez ordered […]
G.R. No. 172682 – 791 Phil. 409 – 798 SCRA 459 – Civil Law – Torts and Damages – Article 1759 – Common Carriers – Liability of Employers; Liability of Vehicle Owners – Extraordinary Diligence – Fortuitous Event; when not available as a defense In September 1998, despite the bad […]
G.R. No. 160110 – 736 Phil. 460 – 726 SCRA 505 – Civil Law – Torts and Damages – Article 2180 – Liability of Employers – Liability of Vehicle Owners – Motor Vehicle Registration Act Mariano Mendoza was driving a Mayamy Transportation bus when he hit an elf truck. Apparently, […]