G.R. No. 210636 – 739 Phil. 785 – 731 SCRA 194 – Remedial Law – Special Proceedings – Rule 102; Petition for Habeas Corpus – A.M. No. 03-04-04-SC; Custody of Minors – Summons not required in habeas corpus cases – Enforceability of Writ of Habeas Corpus Raquel Cada-Deapera filed a […]
case digest
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G.R. No. 184528 – 686 Phil. 877 – 671 SCRA 174 – Remedial Law – Special Proceedings – Guardianship – Insanity need not be proved by expert testimony Nilo Oropesa filed a petition for guardianship over the properties of his father on the ground that his father, due to his […]
G.R. No. L-45496 – 68 Phil. 1 – Remedial Law – Special Proceedings – Rule 91; Escheat – Right to Escheat may be Waived; Right to Escheat may be cut-off by a duly issued certificate of title under the Torrens System Doña Ana Maria de Araujo own three parcels of […]
G.R. No. L-44347 – 248 Phil. 304 – Remedial Law – Special Proceedings – Rule 91; Escheat – Escheat Court; Jurisdiction – Presumptive death may be declared in an escheat proceeding In 1923, Dominga Garcia left for China. She brought her three children with her. Garcia remained in China until […]
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. L-44658 – 62 Phil. 926 – Remedial Law – Special Proceedings – Rule 91; Escheat – A settlement of estate case may not be converted to an escheat case After the death of Tan Chay who died intestate, Tan Sing filed a petition for the appointment of a […]
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-14157 – 109 Phil. 829 – Remedial Law – Special Proceedings – Rule 91; Escheat – Escheat cannot be converted into a settlement of estate case Thomas Fallon and Anne Fallon Murphy, siblings, Americans, and residents of California, USA, both died in 1936. They have properties in Magallon, […]
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. L-45460 – 65 Phil. 318 – Remedial Law – Special Proceedings – Rule 91; Escheat – Jurisdictional facts in a petition for escheat; Who may be Oppositors in an Escheat; Nature of Escheat In 1936, the Municipality of San Pedro, Laguna, petitioned in court for the Hacienda de […]
G.R. No. 143483 – 426 Phil. 177 – 375 SCRA 484 – Remedial Law – Special Proceedings – Rule 91; Escheat – Escheat as a sovereign act; Prescriptive period to question judgment in an escheat case Elizabeth Hankins died in 1985. Thereafter, the Republic filed a petition for escheat against […]
G.R. No. 45904 – 66 Phil. 302 – Remedial Law – Special Proceedings – Settlement of Estate – Rule 74 – Extrajudicial Settlement – No need for intestate proceedings if decedent died debtless Sometime in the 1930s, Juan Garcia died leaving behind properties. Juan was survived by his spouse, Leona […]
G.R. No. 156536 – 536 Phil. 1082 – 506 SCRA 374 – Remedial Law – Special Proceedings – Settlement of Estate – Rule 74; Extrajudicial Settlement – An extra-judicial settlement does not bind heirs that did not participate therein Paulina Vargas died intestate leaving behind a parcel of land. Paulina’s […]
G.R. No. 169144 – 655 Phil. 535 – 640 SCRA 538 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Philippine courts may probate will executed abroad by an alien In 2001, Ruperta Palaganas, an American, died. Before she died, she executed a will […]
G.R. No. 229010 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Philippine courts may probate will of a resident alien In 2011, Luz Lipson, an American residing in the Philippines executed a will which provided for the disposition of her Philippine properties. She […]