G.R. No. 147748 – 521 Phil. 549 – 487 SCRA 423 – Mercantile Law – Law on Insurance – Contract of Adhesion – Contract Binds Parties – Pre-Need Plan – when insurance may not pay Visitacion Gaw bought a transferable pre-need plan from Pacific Plans in 1982. The plan provides […]
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G.R. No. 123298 – 462 Phil. 172 – 416 SCRA 491 – Criminal Law – Book I – Mitigating Circumstances – Minority as a Defense – No Certificate of Birth Calpito was convicted of murder by the regional trial court. On November 21, 1990, Calpito robbed and killed a […]
G.R. No. 158026 – 575 Phil. 498 – 552 SCRA 545 – Civil Law – Credit Transactions – Mortgage – Interest – Penalty Apart from Interest Spouses Armando and Dorie Nicolas bought a parcel of land in Bulacan from Del Nacia via an Agreement. It was agreed that the downpayment […]
G.R. No. 178449 – 590 Phil. 827 – 569 SCRA 814 – Civil Law – Credit Transactions – Mortgage – Period of Redemption In 1974, the company co-owned by Tan, acquired a P250k loan from Metrobank. In 1976, the same company acquired another P150k loan from Metrobank. In 1979, it […]
G.R. No. 113926 – 331 Phil. 787 – 263 SCRA 483 – Civil Law – Credit Transactions – Central Bank Circular No. 905 – Interest Rate – 12% Annum Interest Rate – Legal Rate – When my courts reduce interest rate In 1983, Magtanggol Eusebio acquired 3 separate loans from […]
G.R. No. 151867 – 466 Phil. 226 – 421 SCRA 461 – Civil Law – Persons and Family Relations – Family Code – Article 46 vs Article 36 – Sexual infidelity is not psychological incapacity In 1966, David Dedel and Sharon Corpuz married each other. They had four children […]
G.R. No. L-12790 – 109 Phil. 273 – Civil Law – Persons and Family Relations – Grounds for Annulment of Marriage – Impotency Joel Jimenez and Remedios Cañizares are husband and wife. Joel later filed for annulment on grounds that Remedios is impotent because her genitals were too small […]
G.R. No. 155800 – 519 Phil. 337 – 484 SCRA 353 – Civil Law – Persons and Family Relations – Family Code – Annulment of Marriage – Article 45 (3) distinguished from Psychological Incapacity (Article 36) In 1990, Leonilo Antonio married Marie Ivonne Reyes, who was ten years older […]
G.R. No. 132955 – 536 Phil. 404 – 505 SCRA 564 – Civil Law – Persons and Family Relations – Family Code – Grounds for Annulment of Marriage – Article 45; Fraud, Intimidation, Concealment of Pregnancy In April 1988, Orlando Villanueva married Lilia Canalita before a trial court judge […]
G.R. No. 179620 – 563 SCRA 447 – Civil Law – Persons and Family Relations – Family Code – Grounds for Annulment of Marriage – Article 46; Concealment of Homosexuality Manuel Almelor married Leonida Trinidad in 1989. They are both medical practitioners. They begot 3 children. 11 years later, Leonida […]
G.R. No. L-18176 – 124 Phil. 1043 – 18 SCRA 450 – Civil Law – Preliminary Title – Lex Loci Celebracionis – Nationality Principle Lazaro Rayray married Chae Kyung Lee in 1952 in Pusan, Korea. Before the marriage, Lee was able to secure a marriage license which is a […]
G.R. No. 108461 – 331 Phil. 723 – 263 SCRA 421 – Civil Law – General Principles – Publication of Laws; Administrative Orders Philippine International Trading Corporation issued Administrative Order No. SOCPEC 89-08-01 under which applications to the PITC for importation from China must be accompanied by a viable […]
G.R. No. 165545 – 520 Phil. 249 – 485 SCRA 376 – Civil Law – Persons and Family Relations – Family Code – Article 41-42; Reappearance of Absent Spouse In 1955 Clemente Bailon and Alice Diaz married in Barcelona, Sorsogon. Some 15 years later, Clemente filed an action to […]
G.R. No. 127406 – 399 Phil. 647 – 346 SCRA 86 – Civil Law – Persons and Family Relations – Family Code – Article 40 – Exception to the Rule In 1977, Reyes married Anna Maria Villanueva in a civil ceremony. They had a church wedding in the same […]
G.R. No. 132529 – 403 Phil. 861 – 351 SCRA 127 – Civil Law – Persons and Family Relations – Family Code – Article 40; Validity of Marriage as a Prejudicial Question In 1969 SPO4 Santiago Cariño married Susan Nicdao Cariño. He had 2 children with her. In 1992, […]
G.R. Nos. 106385-88 – 314 Phil. 367 – 244 SCRA 457 – Remedial Law – Evidence – Witness Credibility Civil Law – Persons and Family Relations – Article 37- Incest Marian Mandap was raped four times by her father, Alejandro Mandap, who was a military man. The first three […]