G.R. No. 167523 – 578 Phil. 826 – 556 SCRA 272 – Civil Law – Persons and Family Relations – Family Code – Nullity of Marriage – Article 36: Psychological Incapacity In 1986, Nilda and Reynaldo met in a local bar where Nilda was a waitress. Because of his fear […]
civil law
317 posts
G.R. No. 154380 – 509 Phil. 108 – 472 SCRA 114 – Civil Law – Family Code – Article 26 of the Family Code – Divorce On May 24, 1981, Cipriano Orbecido III married Lady Myros M. Villanueva at the United Church of Christ in the Philippines in Lam-an, Ozamis […]
G.R. No. 133743; G.R. No. 134029 – 543 Phil. 275 – 514 SCRA 294 – Civil Law – Family Code – Retroactive Effect of Article 26 of the Family Code During his lifetime, Felicisimo San Luis (Rodolfo San Luis’s dad) contracted three marriages. His first marriage was with Virginia Sulit […]
A.M. No. MTJ-96-1088 – 259 SCRA 129 – Civil Law – Family Code – Law on Marriage – Presumptive Death; Absent Spouse – A lower court judge cannot solemnize marriage outside his jurisdiction Rodolfo Navarro was the Municipal Mayor of Dapa, Surigao del Norte. He submitted evidence in relation to […]
G.R. No. 160172 – 568 Phil. 724 – 545 SCRA 162 – Civil Law – Family Code – Marriages; Void ab initio marriages Reinel and Annabelle met and became sweethearts in 1991. They applied for a marriage license in Pasig City in September 1994. They had their first sexual relation […]
G.R. No. 150758 – 423 SCRA 272 (467 Phil. 723) – Civil Law – Family Code – Bigamy – Exists even if one marriage is declared void Veronico Tenebro contracted marriage with Leticia Ancajas in 1990. The two lived together continuously and without interruption until the later part of 1991, […]
A.M. No. 133-J – 199 Phil. 300 – 114 SCRA 77 – Political Law – Abrogation of Political Laws – Change of SovereignLegal Ethics – Judicial Ethics – Property Dealings of Judges Involving a Litigant’s PropertyCivil Law – Law on Sales – Contract of Sale – Subject Matter Under Litigation […]
1. Consent – this is the meeting of the minds of both parties, i.e., consent to transfer ownership in exchange for the price. 2. Subject Matter – this should be determinate. A thing is considered determinate if when it is particularly designated or physically segregated from all others of the […]
I. Contract of sale (absolute) real obligation obligation to give remedies available: specific performance rescission damages II. Contract to sell (conditional) personal obligation obligation to do remedies available: rescission damages
GENERAL RULE: All parties with capacity to contract can enter into a valid contract of sale. 1. Natural 2. Juridical – corporation/partnership/associations/Cooperatives Status of contract valid Remedies available therefor are: specific performance rescission damages EXCEPTION TO GENERAL RULE: 1. Minors status of contract: voidable only, therefore can be ratified **Justice […]
DISTINGUISHED FROM OTHER CONTRACTS: 1. Donation donation is gratuitous; sale is onerous donation is formal contract; sale is consensual donation is governed by law on donation; sale is governed by law on sales. 2. Barter in barter, the consideration is the giving of a thing; in sale, it is giving […]
1. negotiation – bargaining period 2. perfection – by mere consent; performance may be demanded ( specific performance ) 3. consummation – consists of the delivery of the thing, constructive or actual.
CHARACTERISTICS OF CONTRACT OF SALE: 1. Consensual – contract is by mere consent. There is meeting of minds. 2. Bilateral Reciprocal – both parties are bound by obligations. 3. Onerous – Valuable considerations must be given in order to acquire rights. 4. Commutative – Values exchanged are almost equivalent to […]
G.R. No. 132344 – 382 Phil. 697 – 327 SCRA 804 – Civil Law – Human Relations – Article 19 of the Civil Code In 1987, Romeo Jader was a graduating law student at the University of the East. He failed to take the regular examination in Practice Court 1 […]
G.R. No. L-55960 – 249 Phil. 681 – 167 SCRA 737 – Civil Law – Preliminary Title – Conflict of Laws – Foreign Laws – Applicability of Foreign Marriage Laws Sy Kiat, a Chinese national, died on January 17, 1977 leaving behind properties here in the Philippines. Thereafter, Aida […]
G.R. No. L-63915 – 230 Phil. 528 – 146 SCRA 446 – Civil Law – Preliminary Title – Publication – Presidential Proclamations etc – What “unless otherwise provided” means in Article 2 of the Civil Code With the Supreme Court’s decision that ordered Tuvera et al to publish in the […]