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 […]
Civil Law
302 posts
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 – Remedial Law – Rules of Procedure in Environmental Cases – Writ of Kalikasan; Environmental Protection Order – Parties in Interest – Claim for Damages not allowed in Environmental Cases The First Philippine Industrial Corporation (FPIC) maintains a 117 kilometer oil pipeline running […]
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, […]
G.R. No. 222166 – 873 Phil. 791 – Civil Law – Law on Property – Modes of Acquiring Ownership – Causes of Action – Reconveyance – Quieting of Title – Double Sale – Prescription In 1991, Mercedes Gatmaytan purchased a parcel of land located in Misibis, Albay from Oscar Garcia. […]
G.R. No. 234487 – Civil Law – Persons and Family Relations – Family Code – Article 26 – Recognition of Foreign Divorce In 2005, Virginia Parreño, a Filipino, married Koji Mimori, a Japanese, here in the Philippines. In 2013, they divorced by agreement in Japan which was allowed under Japanese […]
G.R. No 200697 – Civil Law – Persons and Family Relations – Family Code – Muslim Divorce; Talaq In 1998, Abdulgani Sumagka and Rohaina Sumagka, both Muslims, married under Muslim rites. In 2004, they married again under civil rites before the mayor of Sarangani City. In 2006, the couple began […]
G.R. No. L-21512 – 124 Phil. 516 – 17 SCRA 1088 – Civil Law – Torts and Damages – Quasi-Delict – Persons Liable One morning in June 1955, Aser Lagunda was driving a truck going up an uphill road in Lumban, Laguna. His truck was not carrying any cargo but […]
G.R. No. 196359 – Civil Law – Persons and Family Relations – Marriage; Annulment of Marriage – Psychological Incapacity – Abandonment of certain portions of the Molina Guidelines – Expert witness not needed in proving psychological incapacity In 1995, Rosanna Tan and Mario Victor Andal married each other. They were […]