G.R. No. L-55963 – 259 Phil. 302 – 194 SCRA 486 – Political Law – Constitutional Law – State Immunity from Suit – Consent to be Sued – Consent by Law; Art. 2180; Civil Code – Liability of the State for Tortious Acts of its Employees In August 1976, Hugo […]
civil code
34 posts
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. 216425 – 890 Phil. 74 – Civil Law – Persons and Family Relations – Family Code – Civil Code – Use of Surnames Remedial Law – Civil Procedure – Special Civil Actions – Change of Name – Legitimate Child May Use Surname of Mother Political Law – Constitutional […]
G.R. No. 203284 – 799 Phil. 449 – Civil Law – Persons and Family Relations – Family Code – Marriage – Psychological Incapacity; when not proven – Psychologist’s findings must be in-depth and comprehensive Nicolas Matudan and Marilyn Matudan married in 1976. After four children and ten years of marriage […]
A concubine or a paramour, often called a homewrecker, may be sued for damages for taking away a husband or a wife away from their spouse and their children. This is other than their respective criminal liability, if any, together with the erring spouse. The basis for the damage suit […]
G.R. No. L-44169 – 224 Phil. 441 – 140 SCRA 304- Labor Law – Labor Standards – Wages vs Salary Remedial Law – Civil Procedure – Execution of Judgment – Limitations on Garnishment; Wages are exempt from execution – Salary not exempt from execution Civil Law – Obligations and Contracts […]
G.R. No. 186571 – 642 Phil. 420 – 628 SCRA 266 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 26; Effect of Foreign Divorce Remedial Law – Evidence – Presumptive Evidence – Foreign Judgment; Divorce Civil Procedure – Rule 39 – Rights […]
G.R. No. 154259 – 492 Phil. 615 – 452 SCRA 532 – Civil Law – General Principles; Human Relations – Abuse of Rights – Volenti Non Fit Injuria One evening in October 1994, an exclusive party was being held at the Nikko Hotel Manila Garden. The party was being held […]
G.R. No. L-22493 – 65 SCRA 554 – Civil Law – Partnership – Liability of Partners – Pro-rata – Condonation United Pioneers General Construction Company is a general partnership formed by Benjamin Daco, Daniel Guizona, Noel Sim, Augusto Palisoc, and Romulo Lumauig. In 1961, United Pioneers purchased by installment a […]
G.R. No. 142411 – 509 Phil. 628 – 473 SCRA 52 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale In January 1985, Winifreda Ursal and spouses Jesus and Cristita Moneset entered into a Contract to Sell Lot & House. The amount agreed upon […]
G.R. No. 156171 – 496 Phil. 456 – 456 SCRA 577 – Civil Law – Law on Sales – Contract to Sell vs Contract of Sale In 1968, spouses Ricardo and Ferma Portic acquired a parcel of land with a 3 door apartment from spouses Alcantara even though they’re aware […]
G.R. No. L-7817 – 100 Phil 168 – Civil Law – Torts and Damages – Obligations arising from human relations Prior to 1948, Commercial Airlines (CALI) owed P170k (abt. $79k) to Shell Company. CALI offered its C-54 plane as payment to Shell Company (the plane was in California) but Shell at that […]
G.R. No. L-23052 – 130 Phil. 244 – 22 SCRA 267 – Civil Law – Torts and Damages – Liability of municipal corporations in certain cases General Principles – General Law vs Special Law – A Special Law may contain General Laws and Vice VersaOne day in January 1958, at […]
G.R. No. L-29025 – 148-B Phil. 1029 – 41 SCRA 548 – Civil Law – Torts and Damages – Liability of teachers/heads of establishments of arts and trades In March 1966, while Dominador Palisoc (16 years old) was watching Virgilio Daffon and Desiderio Cruz work on a machine in their […]
G.R. No. 48930 – 74 Phil. 560 – Civil Law – Torts and Damages – Distinction of Liability of Employers Under Article 2180 and Their Liability for Breach of Contract In January 1932, Francisco De Borja entered into a contract of sale with the NVSD (Natividad-Vasquez Sabani Development Co., Inc.). […]
G.R. No. L-24101 – 35 SCRA 160 – Civil Law – Torts and Damages – Liability of Parents Maria Teresa Cuadra and Maria Teresa Monfort were both classmates at Mabini Elementary School, Bacolod City. In July 1962, their teacher assigned the class to weed the school premises. While they were doing […]