G.R. No. 115849 – 322 Phil. 280 – 252 SCRA 259 – Legal Ethics – Forum Shopping Civil Law – Law on Sales – Contract of Sale – Parties to a Sales Contract Producers Bank (now called First Philippine International Bank), which has been under conservatorship since 1984, is the […]
Civil Law
G.R. No. L-10033 – 36 Phil. 815 – Civil Law – Succession – Escheat Remedial Law – Special Proceedings – Rule 91; Escheat – No escheat if decedent testate The City of Manila wants certain properties being administered by the Roman Catholic Church to be declared escheated. It claims that […]
G.R. No. L-2888 – 6 Phil. 498 – Civil Law – Partnership – Limited Partnership – Firm Name Hung Man Yoc sued Kieng Chiong Seng, a partnership, for collection of sum of money. The said partnership was composed of four partners: Kiong Tiao Eng, Chua Che Co, Yu Yec Pin, […]
G.R. No. 194128 – 678 Phil. 180 – 661 SCRA 787 – Civil Law – -Agency – Existence of Agency – Lack of Authorization In 1999, Amos Francia was convinced by the bank manager of Westmont Bank to make an investment in Westmont Investment. Since the interest rate offered was […]
G.R. No. 188288 – 679 Phil. 61 – 663 SCRA 57 – Civil Law – Agency – Elements of Agency – Estoppel In 1997, while the spouses Viloria were in the United States, they approached Holiday Travel, a travel agency working for Continental Airlines, to purchase tickets from Newark to […]
G.R. No. 114791 – 272 SCRA 752 – 339 Phil. 136 – Civil Law – Persons and Family Relations – Family Code – Article 73 – Exercise of Profession of Either Spouse In 1981, Hermogenes Ong and Jane Ong contracted with Nancy Go for the latter to film their wedding. […]
G.R. No. L-35469 – 154 SCRA 593 – 238 Phil. 580 – Legal Ethics – Speedy and Proper Administration of Justice Civil Law – Land Titles and Deeds – Land Registration; Failure to Register – Laches – Prescriptive Period of questioning Torrens title In 1926, Melchor Zerna won a land […]
G.R. No. 164401 – 578 Phil. 262 – 555 SCRA 275 – Civil Law – Partnership – Prescription – Demand for an accounting – Oral Partnership In 1977, Chua and Jacinto Sunga verbally agreed to form a partnership for the sale and distribution of Shellane LPGs. Their business was very […]
G.R. No. 126334 – 422 Phil. 10 – 370 SCRA 431 – Civil Law – Partnership – Dissolution and Winding Up – Prescription Emilio Emnace, Jacinto Divinagracia and Vicente Tabanao formed a partnership engaged in the fishing industry. In 1986, Jacinto decided to leave the partnership hence they agreed to […]
G.R. No. 144214 – 453 Phil. 999 – 406 SCRA 145 – Civil Law – Partnership – Dissolution and Winding Up – Need for Accounting Proceedings to Determine Partner’s Share In 1984, Villareal, Carmelito Jose and Jesus Jose, formed a partnership for the purpose of operating a restaurant. Each contributed […]
G.R. No. 167379 – 526 Phil. 394 – 493 SCRA 444 – Civil Law – Partnership – Dissolution and Winding Up – Joint Venture Agreement – Rights of Innocent Party In 1994, Primelink Properties and the Lazatin siblings entered into a joint venture agreement whereby the Lazatins shall contribute a […]
G.R. No. L-10040 – 33 Phil. 350 – Civil Law – Partnership – Dissolution In 1901, F. Lichauco Hermanos partnership was formed. It was provided, among others, in the partnership agreement that Faustino Lichauco will be the managing partner; and that the firm cannot be dissolved except upon the 2/3 […]
G.R. No. 26 – 1 Phil. 4 – Civil Law – Partnership – Dissolution – Assignment of Assets – Partner Becomes Co-owner A certain Evans and a certain Whaley formed a partnership at will, Evans & Whaley. The firm became indebted to Paul Blum. Eventually, the firm was dissolved. Evans, […]
G.R. No. L-4067 – 90 Phil. 189 – Civil Law – Succession – Signature of The testator – Signing Using an X Mark – Signing for the Testator Antero Mercado left a will dated January 3, 1943. The will appears to have been signed by Atty. Florentino Javier as he wrote […]
G.R. No. L-40804 – 81 SCRA 393 – 171 Phil. 354 – Civil Law – Succession – Prevarication – Lawyer’s Testimony vs Witness’ Testimony The late Eugenia Danila left a will wherein she instituted among others Adelaida Nista as one of the instituted heirs. Nista petitioned before the court to […]
G.R. No. L-36033 – 118 SCRA 195 – Civil Law – Succession – Wills – Testamentary Requirements; Substantial Compliance Remedial Law – Special Proceedings – Settlement of Estate – Probate of Will – Extrinsic Validity; Due Execution of Wills – Liberal Interpretation Dorotea Perez left a will. The will has […]