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 […]
Civil Law
310 posts
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 […]
G.R. No. L-5971 – 18 Phil. 450 – Civil Law – Succession – Wills – Testamentary Witnesses; What “In the presence of each other” means When a certain will was being signed, it was alleged that the testator and some subscribing witnesses were in the inner room while the other […]
G.R. No. L-15153 – 109 Phil. 359 – Civil Law – Succession – Wills – Testamentary Requirements – Extrinsic Validity – Signature of Testator Anacleta Abellana left a will. In said will, she let a certain Juan Bello sign the will for her. The will consists of two pages. The […]
G.R. No. 2715 – 5 Phil. 660 – Civil Law – Partnership – Estoppel of the Firm’s Debtor Rosatzin was the bookkeeper of the firm Behn, Meyer & Co. from 1901 to 1903. When Rosatzin left the firm’s employ, it was discovered that he owe the firm P686.24 pesos in […]
G.R. No. 25007 – 48 Phil. 841 – Civil Law – Partnership – Industrial Partner – Obligations as to Losses vs as to Liabilities In 1919, Arnaldo de Silva, Guillermo Aboitiz, Vidal Aboitiz and Jose Martinez formed a partnership. De Silva, Guillermo, and Vidal were the capitalist partners while Martinez […]
G.R. No. L-26937 – 50 Phil. 802 – Civil Law – Partnership – Firm Name In September 1916, Severo Eugenio Lo and Ling, together with Ping, Hun, Lam and Peng formed a commercial partnership under the name of “Tai Sing and Co.,” with a capital of P40,000 contributed by said […]
G.R. No. L-59956 – 133 SCRA 88 – 218 Phil. 105 – Civil Law – Partnership – Profit and Loss Sharing – Speculative Damages In February 1971, Isabelo Moran and Mariano Pecson entered into a partnership agreement where they agreed to contribute P15k each for the purpose of printing 95k […]
G.R. No. 135813 – 420 Phil. 313 – 368 SCRA 261 – Civil Law – Partnership – Shares in Liquidation – Net Profit vs Gross Income In June 1986, Fernando Santos (70%), Nieves Reyes (15%), and Melton Zabat (15%) orally instituted a partnership with them as partners. Their venture is […]
G.R. No. L-12371 – 37 Phil. 883 – Civil Law – Partnership – Share of Losses by an Industrial Partner – Estoppel – Liquidation In January 1900, Placido Gutierrez de Celis (37%), Miguel Gutierrez de Celis (37%), Miguel Alfonso (16%), Daniel Perez (5%), and Leopoldo Criado (5%) formed a partnership […]
G.R. No. 5840 – 7 Phil. 504 – Civil Law – Partnership – Co-Partner’s Liability – Misappropriation of Partnership Funds – Losses Criminal Law – Book II – Crimes Against Property – Estafa – Misappropriation Sometime before 1910, Pedro Larin formed a partnership with Pedro Tarug, Eusebio Clarin and Carlos […]
A.M. No. 2026-CFI – 110 SCRA 388 – Civil Law – Succession – Will Should be Written in a Language Known to the Testator Remedial Law – Special Proceedings – Rule 76 – Grounds for Disallowing Will – Will not Duly Executed; Extrinsic Validity Legal Ethics – Judicial Ethics – […]
G.R. No. 125888 – 294 SCRA 183 – Civil Law – Succession – Donation Mortis Causa vs Donation Inter Vivos In 1979, Aurora Montinola executed a “Deed of Donation Inter Vivos” in favor of her three grandchildren Catalino Valderrama, Judy Valderrama, and Jesus Valderrama. The deed however provided that that […]
G.R. No. L-1787 – 81 Phil. 429 – Civil Law – Succession – Pagination of the Will – Witnesses to a Will – Language of the Will – Thumb Mark as Signature In 1947, Don Sixto Lopez executed a will where Jose Lopez was named an heir. Agustin Liboro questioned […]
G.R. No. L-3704 – 9 Phil. 326 – Civil Law – Partnership – Liability of Industrial Partners to Third Persons In 1905, Francisco Muñoz, Emilio Muñoz, and Rafael Naval formed an ordinary general mercantile partnership in accordance with the Code of Commerce. They named the partnership “Francisco Muñoz & Sons”. […]
G.R. No. 127347 – 319 SCRA 246 – 377 Phil. 257 – Civil Law – Partnership – Identity Separate and Distinct – Liability of partners vs liability of the partnership In April 1991, the spouses Ruben and Felicidad Abrogar entered into a loan agreement with a lending firm called A.C. Aguila […]