Documentos de Académico
Documentos de Profesional
Documentos de Cultura
publication in the Official Gazette even if the law itself provides for
SCRA.
If the law provides for its own effectivity date, then it takes effect
The two marriages involved in this case was entered during the
effectivity of the New Civil Code. The Family Code has retroactive
upon a law is part of the law as of the date of its enactment since
the courts application or interpretation merely establishes the
While the effectivity clause of E.O. No. 279 does not require its
that E.O. No. 279 was actually published in the Official Gazette on
August 3, 1987.
RCPI vs CA, 143 SCRA 657 (1986)
Roy vs CA, G.R. NO 80718 Jan. 29, 1988
may extend to places where he has the right to exclude the public
or deny them access. The phrase prying into the privacy of
MANUFACTURING CORPORATION
accept him and to obtain her consent to the sexual act, could
fraud and deceit behind it and the wilful injury to her honor and
2000
and wife for at least five years prior to their wedding day because
their cohabitation is not exclusive. The Court ruled that the
nature of a perfect union that is valid under the law but rendered
Cario v. Cario, G.R. NO. 132529 , Feb. 02, 2001 351 SCRA
127
Soriano v. Felix, L-9005, June 20, 1958
Whether or not the certification by the registrar of the nonexistence of marriage license is enough to prove non-issuance
The affidavit is for the purpose of proving the basis for exemption
irregularity will not invalidate the marriage for the affidavit is not
SCRA 446
The mere private act of signing a marriage contract bears no
Whether or not, a marriage license issued by a municipality or city
marriage.
The marriage between the late Sen. Tamano and Zorayda was
Muslims and non-Muslims alike was the Civil Code of 1950, under
the provisions of which only one marriage can exist at any given
foreign country.
time.
national law prior to his filing the criminal complaint. The person
517
In Gerberts case, since both the foreign divorce decree and the
In this case the court proved that respondent was the sex partner
Section 24, Rule 132 of the Rules of Court comes into play. This
of time after her marriage to Jose and not to the inception of the
said marriage.
incurability.
love, respect and fidelity and render help and support. There is
hardly any doubt that the intendment of the law has been to
since their marriage on May 22, 1988 up to Mar. 15, 1989 or for
SCRA 16
Tenebro v. CA, G.R. NO. 150758 , Feb. 18, 2004 423 SCRA
272
marriage.
Rep. v. Nolasco, G.R. NO. 94053 , Mar. 17, 1993 220 SCRA
20
Ong v. Ong, G.R. NO. 153206, Oct. 23, 2006 505 SCRA 76
SCRA 646
granted, following Art. 56, par. (4) of the Family Code which
provides that legal separation shall be denied when both parties
Pacete vs. Carriaga, G.R. NO. 53880, Mar. 17, 1994 231
SCRA 321
Rep. v. Tango, G.R. NO.161062 , Jul. 31, 2009 594 SCRA 560
attorney shall intervene for the State in order to take care that the
Family Code
Arcaba vs. Batocael, G.R. NO.146683 , Nov.22, 2001 370
CELERINA J. SANTOS vs. RICARDO T. SANTOS, G.R. No.
SCRA 414
Family Code.
Dewara v. Lamela G.R. NO. 179010, Apr. 11, 2011 647 SCRA
483
The presumption under Article 160 of the New Civil Code, that
title is in the name of only one spouse and the rights of innocent
assets is required.
MBTC v. Pascual, G.R. NO. 163744, Feb. 29, 2008 547 SCRA
SCRA 63
246
Article 147 of the Family Code applies to the union of parties who
of the partnership.
during the union of the parties, as found by both the RTC and the
judicial approval is void. The Court has also ruled that a notary
Valdes vs. RTC Br. 102, QC G.R. NO. 122749, Jul. 31, 1996
Dio v. Dio, G.R. NO. 178044, Jan. 19, 2011 640 SCRA 178
Family Code. The ruling has no basis because Section 19(1) of the
and voidable marriages (in the latter case until the contract is
Rule does not apply to cases governed under Articles 147 and 148
Cario v. Cario, G.R. NO. 132529, Feb. 02, 2001 351 SCRA
127
173 of the Civil Code which states that contracts entered by the
a marriage license
San Luis v. San Luis G.R. NO. 133743, Feb. 06, 2007 514
SCRA 294
hereditary rights.
Arriola v. Arriola, G.R. NO. 177703, Jan. 28, 2008 542 SCRA
666
the family home not just to the dwelling structure in which the
FERMIN
family resides but also to the lot on which it stands. Thus, applying
years back
states that the wife cannot bind the conjugal partnership without
the husbands consent. In Felipe vs. Heirs of Maximo Aldon, a case
decided under the provisions of the Civil Code, the Supreme Court
had the occasion to rule that the sale of a land belonging to the
conjugal partnership made by the wife without the consent of the
Labagla vs. Santiago, G.R. NO. 132305, Dec. 04, 2001 371
SCRA 360
Olivia De Mesa v. Acero, G.R. NO. 185064 Jan. 16, 2012 663
SCRA 40
thereof.
Puno v. Puno Ent. Inc., G.R. NO. 177066, Sept. 11, 2009
exemption.
A certificate of live birth purportedly identifying the putative father
Manacop vs. CA, 277 SCRA 57 (1997)
Articles 152 and 153 of the Family Code do not have a retroactive
effect such that all existing family residences are deemed to have
person.
prior to the effectivity of the Family Code and are exempt from
execution for the payment of obligations incurred before the
the Aguilar spouses under Article 172 of the Family Code; by itself,
other evidence.
An illegitimate child may use the surname of his father if the latter
has expressly recognized their filiation. However, the child is
recognized Andre Lewis and Jerard Patrick as his sons, the two
(Leonen, J.)
permissive.
For the adoption to be valid, petitioners consent was required by
Tonog vs. CA, G.R. NO. 122906 , Feb. 07, 2002 376 SCRA
523
In the case at bar, bearing in mind that the welfare of the said
minor as the controlling factor, the appellate court did not err in
statutory rights.
over her. Meanwhile, the child should not be wrenched from her
familiar surroundings, and thrust into a strange environment away
from the people and places to which she had apparently formed
an attachment.
The filing of a case for dissolution of the marriage between
Abadilla vs. Tabiliran, Jr. A.M NO. MTJ-92-716, Oct. 25, 1995
petitioner and Olario, the marriage still subsists. That being the
357
pendency of appeal.
De Asis vs. CA, G.R. NO.127578, Feb. 15, 1999 303 SCRA
176
Neri v. Heirs of Hadji Yusop, G.R. No 194366, Oct. 10, 2012
Whether or not, a renunciation of the existence of filiation of the
existence or absence.
not be dependent solely on the wishes, much less the whims and
ANTONETTE D. ADRIANO
the parents are already separated in fact, the courts must step in
to determine in whose custody the child can better be assured the
The law gives the right and duty to make funeral arrangements to
Rosario, she being the surviving legal wife of Atty. Adriano. The
fact that she was living separately from her husband and was in
the United States when he died has no controlling significance. To
impliedly, her right and duty to make arrangements for the funeral
of her deceased husband is baseless. The right and duty to make
funeral arrangements, like any other right, will not be considered
certain right of possession over the corpse exists, for the purpose
right. There can be no doubt that persons having this right may
1.
deceased.
operation of the gas station, for without them the gas station
would be useless, and which have been attached or affixed
PROPERTY
While the two storage tanks are not embedded in the land, they
When a person who finds a thing that has been lost or mislaid by
the owner takes the thing into his hands, he acquires physical
custody only and does not become vested with legal possession.
undeniable that the two tanks have been installed with some
invalidates it.
Properties of public dominion, being for public use, are not subject
devised by the law for the protection of builders in good faith. Its
policy.
been reimbursed (by the person who defeated him in the case for
(1989)
TSEI or the intervenors; or (3) ask the intervenors to pay the price
of the land. As such, the Sanchezes must choose from among
There need be no act on their part to subject the old river bed to
these options within thirty (30) days from finality of this Decision.
Should the Sanchezes opt to ask from the intervenors the value of
the land, the case shall be remanded to the RTC for the sole
purpose of determining the fair market value of the lot at the time
the private ownership of the owner of the land through which the
new river bed passes even without any formal act of his will and
any unauthorized occupant thereof will be considered as a
trespasser.
Thus in strict point of law, Article 448 is not apposite to the case at
bar. Nevertheless, we believe that the provision therein on
Under Articles 476 and 477 of the Civil Code, the two (2)
that the parties, including the two courts below, in the main agree
that Articles 448 and 546 of the Civil Code are applicable and
interest in the real property subject of the action; and (2) that a
cloud on his title. In this case, an action to quiet title is not the
proper remedy because petitioner no longer had any legal or
Since the subject land was the direct result of the dumping of
sawdust by the Sun Valley Lumber Co., the accretion was man-
made, hence, Art. 457 does not apply. Ergo, the subject land is
lots.
Any adverse ruling in the earlier case will not, in any way,
prejudice the heirs who did not join, even if such case was actually
Bunyi v. Factor, G.R. NO. 172547, Jun. 30, 2009 591 SCRA
350
participation, since the suit is presumed to have been filed for the
by juridical acts.
EDCA Publ. V. Santos, G.R. NO. 80298, Apr. 26, 1990 184
SCRA 614
the private respondents. The fact that he had not yet paid for
them to EDCA was a matter between him and EDCA and did not
impair the title acquired by the private respondents to the books.
Against this danger children are early instructed so that they are
The length of time that they may have physically occupied the
attractive nuisance.
The wing walls do not per se immediately and adversely affect the
safety of persons and property. The fact that an ordinance may
a nuisance.
another right of way which although longer will only require a van
or vehicle to make a turn, the second alternative should be
donation.
separate acceptance.
When the donor used the words that the gift does not pass title
during my lifetime; but when I die, she shall be the true owner of
location, this does not preclude the filing of an action for the very
therefore on the face of the TCTs will not suffice as they can only
said two parcels of land until her death, at which time the donee
Jura Regalia simply means that the State is the original proprietor
donee comply with the condition, the latter remains the owner so
of all lands and, as such, is the general source of all private titles.
save those acquired from native title, must be traced from some
showing that land had been let into private ownership through the
the spouses Vilbar did not cause the transfer of the certificate title
in their name, or at the very least, annotate or register such sale
claim.
PHILIPPINES
G.R. No. 200894, 10 November 2014, SECOND DIVISION
(Leonen J.)
is the time the right to own it is acquired and not the time to
the P.D. No. 1529 and the Public Land Act (PLA) while under the
register ownership.
second mode is made available both by P.D. No. 1529 and the Civil
settled rule that where there are circumstances which would put a
adverse possessor can show exclusive dominion over the land and
holds that the petitioners are NOT buyers in good faith as they
failed to discharge their burden of proof.
2014
the forger to the innocent purchaser for value. Thus, the qualifying
titles. This means that all the transfers starting from the original
rightful owner to the innocent holder for value and that includes
the transfer to the forger must be duly registered, and the title
be valid only between the parties thereto, third parties would also
lands in the Office of the Register of Deeds for the province or city
persons or entities.
Tan vs. Republic, G.R. No. 193443 G.R. No. 193443, April
16, 2012
paragraph (b) of Section 113 of P.D. No. 1529, to the effect that
J.)
rights and declares or complies with duties to take effect after his
death.
the wills as provided for by article 16 and 1039 of the New Civil
although they must testify, that the will was or was not duly
the will should include those who are born after the testators
any time after his death would render the provisions difficult to
Causa.
The law is clear that the attestation must state the number of
pages used upon which the will is written. The purpose of the law
pages.
among others, that the witnesses are aware that the page they
are signing forms part of the will. On the other hand, the
her death but was transmitted to her heirs upon her death.
itself.
the signatory actually declares to the notary public that the same
wishes long after his demise and (2) to assure that his estate is
In the case at bar, private respondent read the testators will and
In the opening paragraph of the will, it was stated that English was
the testator affirmed, upon being asked, that the contents read
corresponded with his instructions. Only then did the signing and
concluding paragraph, it was stated that the will was read to the
does not so allege, that the contents of the will and codicil were
mean that the will was written in a language not known to the
the contrary, with respect to the Huling Habilin, the day of the
mandatory provision of article 804 of the Civil Code that every will
execution was not the first time that Brigido had affirmed the truth
with his wishes. That the aim of the law is to insure that the
will should be read to the latter, not only once but twice, by two
different persons, and that the witnesses have to act within the
interruption. 37
Cruz vs. Villasor NO.L-32213, 54 SCRA 31
The notary public before whom the will was acknowledged cannot
act; he is not a notary public. Any notarial act outside the limits of
acknowledge before himself his having signed the will. This cannot
While it is true that the attestation clause is not a part of the will,
court.
will.
mandatory.
such changes.
requirement under Article 806 of the Civil Code? Outside the place
signature.
under the law; the intent to revoke on the part of the testator. The
established and the only issue is whether or not the date FEB.,61
Adriana.
The law does not specify a particular location where the date
should be placed in the will. The only requirements are that the
much less the will of Adriana Maloto. For another, the burning was
date be in the will itself and executed in the hand of the testator.
shown that the testator had ready access to the will and it cannot
be found after his death. It will not be presumed that such will has
the will is presented for the first time before a competent court.
What the law expressly prohibits is the making of joint wills either
that the same must be effected through a will wherein the legal
law requires that three witnesses to declare that the will was in
Civil Code.
original will. But a mere intent to make at some time a will in the
The loss of the holographic will entail the loss of the only medium
testimony were admissible only one man could engineer the fraud
this way.
Since the authenticity of the will was not contested, the appellant
devises made in the will for they should stand valid and respected,
inheriting ascendant. The reservor has the legal title and dominion
The will here does not explicitly disinherit the testatrixs parents,
the forced heirs. It simply omits their names altogether. Said will
SCRA 172
the reservees at the time of the death of the reservor but become
Estrangement
wife and legal heir, mere estrangement not being a legal ground
deceased spouse.
properties did not form part of her estate (Cabardo vs. Villanueva,
2013
belonging to the line from which the property originally came, and
was Rafael who inherited from Estrellita an amount more than the
If there is only one legitimate child surviving with the spouse since
they shall equally, one-half of the estate goes to the child and the
other half goes to the surviving spouse. Although the law refers to
The word degree means generation and the present code has
second heir must be related to and one generation from the first
nephews and nieces of the decedent survive and are willing and
heir.
the first heir to preserve and transmit to another the whole or part
except when and to the extent that the right of representation can
adopting parents and the adopted child and does not extend to
aunts but if they alone survive, they shall inherit in equal portions.
treated by the decedent and her husband as their own son, reared
from infancy, educated and trained in their businesses, and
It is therefore clear from Article 992 of the New Civil Code that the
includes all the kindred of the person spoken of. The record shows
that from the commencement of this case the only parties who
de Santero are Felisa Pamuti Jardin and the six minor natural or
illegitimate children of Pablo Santero.
ARMOVIT
The term relatives, although used many times in the Code, is not
(BERSAMIN, J.)
The relationship between the credit card issuer and the credit card
Delfin, the father, was held jointly and severally liable with his
minor son Dante arising from the criminal act committed by the
latter. The civil liability which the law imposes upon the father and,
that may be caused by the minor children who live with them, is a
29, 1960
both parties are bound to comply with but which FEU failed to
its students.
positive law but on equity and natural law, do not grant a right of
liable for all damages, which are the natural and probable
the sense that the object thereof is designated merely by its class
fault and before he has incurred in delay will not have the effect of
who in any manner contravene the tenor thereof, are liable for
damages.
effectivity can take place only if and when the event which
imposed in the donation and the same not having been complied
The court ruled that the power to rescind the obligations of the
of the other party to comply with what is incumbent upon him. The
reciprocal ones, in case one of the obligors should not comply with
decree of the court and not the mere act of the vendor.
that, upon default by the debtor ALUMCO, the creditor (UP) has
of the BDO- EPCIB merger which saw EPCIB being absorbed by the
BDO common shares under the exchange ratio set forth in the
BDO-EPCIB Plan of Merger. As thus converted, the subject Shares
action, but it proceeds at its own risk, for it is only the final
law.
1984
Araneta, who was not able to comply with his obligation to create
now seek rescission; and (2) that even if plaintiff could seek
side streets on the sides of the land which were sold to the PSE
rule that the injured party can only choose between fulfillment and
Court must first determine that the obligation does not fix a
period, but must set the time that the parties are shown to have
intended.
themselves individually liable for the debt incurred they are each
to pay but only after a valid consignation of the sum due shall
11, 2012
authority had been given for its receipt. If payment is made to one
discharge.
the courts.
not incompatible with the old ones, or where the new contract
the nature of contracts between the party and party but grow out
of duty to, and are the positive acts of the government to the
must be absolute and must not qualify the terms of the offer, for a
generate consent.
The issue here is whether or not the unnotarized deed of sale can
The general rule enunciated in said Art. 1356 is that contracts are
provided all the essential requisites for their validity are present,
In order that obligations arising from contracts may have the force
of law between the parties, there must be mutuality between the
parties, is void.
Being an heir there is privity of interest between the heir and the
deceased, hence, heirs are bound by contracts entered into by
reasonable and needed since her job gave her access to the
Contracts take effect only between the parties, their assigns and
the stipulation.
that the court will not aid either party to enforce an illegal
contract, but will leave them both where it finds them.
(Leonen, J.)
of the State.
2003
Applying Articles 1317 and 1403 of the Civil Code, the Court of
Appeals ruled that through their inaction and silence, the three
1984
their part.
contracts, not being void, they remain legally effective until set
aside in a rescissory action and may convey title, and an action for
a full-blown trial.
LAW ON SALES
payments but after his death, his son questions the verbal sale
contract between Gabriel Sr. and Antonita, and alleged that the
b)seller was not present when the deed was notarized; c) seller did
not surrender a copy of the title; d)real estate taxes were not paid.
sale.
until the buyer has paid the price in full. A buyer who covertly
into the contract to sell. In the case at bar, the court finds that
to sell.
since they did not yet give their consent to such offers. Earnest
money applies to a perfected sale.
HEIRS OF ARTURO REYES vs SOCCO-BELTRAN, G.R. 176474
MOLDEX RAELTY INC. v. FLORA A. SABERON, G.R. No.
to both parties thereto that the vendor was not yet the owner of
same. The law specifically requires that the vendor must have
with a buyer. The contract to sell remains valid and subsisting. The
Maceda Law.
18, 2009
not even subject to prescription, since the deed of sale that was
5, 1993
seller was not the owner of the land, nor has the authority when
the jeep in custodia legis and to place the jeep in good running
condition, spending in the process her own money and also
1997
described in Article 1491 of the New Civil code and is in fact, even
worse when she did not acquire the said vehicle from its owner
respondent to redeem the properties for them from DBP but DBP
exercised within the period. Article 1505 of the Civil Code provides
that where goods are sold by a person who is not the owner
thereof, and who does not sell them under authority or with
goods than the seller had, unless the owner of the goods is by his
solution concerning his house and while the petition for certiorari
that the decision in this case has already become final and
repurchase nothing.
DAROY vs. ATTY. ABECIA, A.C. NO. 3046, October 26, 1998
The prohibition in Art. 1491 does not apply to the sale of a parcel
litigation.
After the court declared with finality that the petitioners are the
the client.
1990
his client.
The City of Cebu was no longer the owner of the lot when it ceded
the same to petitioner under the compromise agreement and at
that time, the city merely retained rights as an unpaid seller but
1990
either case.
in the price. Article 1542 is not hard and fast and admits of an
between them. Notwithstanding the lack of any title to the said lot
1994
of an expected thing.
1990
come into existence, which did not happen, hence the agreement
March 3,2010 7
and in order that this symbolic delivery may produce the effect of
control over the thing sold at the moment of the sale, but if there
2003
Where there is no express provision that title shall not pass until
payment of the price, and the thing sold has been delivered, title
passes from the moment the thing sold is placed in the possession
the thing sold, but in the sale of a real property, the seller is not
obligated to transfer in the name of the buyer a new certificate of
petitioner some time thereafter paid the mortgage and sold the
document.
obliged to transfer title over the properties and deliver the same
to the buyer, and as a rule, the execution of a notarized deed of
digging up the scrap iron. The seller has placed the goods in the
control and possession of the vendee and such action or real
Petitioner argues that the sales contract does not include the
provides:
the goods to a carrier, whether named by the buyer or not, for the
the goods to the buyer, except in the cases provided for in article
intent appear.
HO, JR. vs TENG GUI, G.R. NO. 130115, July 16, 2008
the goods are lost or damaged in course of transit, the buyer may
RTC considered that although the sales of the properties on the lot
respondent. The Court holds that the reliance of the trial court on
unable to show.
2004
Petitioner sold the subject property to respondents as evidenced
since the respondents have not paid the property in full. Unless
2003
when the same became due, while Petitioner claims that the
bound to accept delivery and to pay the price of the thing sold at
the thing acquired, he may suspend the payment of the price until
the payment of the agreed price, but also, if the vendor fails to
1998
Neither may such failure to pay the balance of the purchase price
Act, applies to the subject contracts to sell. R.A. No. 6552 (Maceda
period between the delivery of the thing and the payment of the
(2) Should the thing sold and delivered produce fruits or income;
(3) Should he be in default, from the time of judicial or
The requisites that must concur for Article 1544 to apply are: (a)
The two (or more sales) transactions must constitute valid sales;
(b) The two (or more) sales transactions must pertain to exactly
the same subject matter; (c) The two (or more) buyers at odds
represent conflicting interests; and (d) The two (or more) buyers
sales involved were initiated not by just one but two vendors.
Article 1544 of the Civil Code does not apply to sales involving
good or bad faith is relevant only where the subject of the sale is
Law, which requires the notarial act of rescission and the refund to
registered land, and the purchaser is buying the same from the
the buyer of the full payment of the cash surrender value of the
registered owner whose title to the land is clean. In such case, the
contract takes place after thirty (30) days from receipt by the
the contract by a notarial act and upon full payment of the cash
29, 2008
The seller, in declaring that he owned and had clean title to the
vehicle at the time the Deed of Absolute Sale, is giving an implied
plastic bags which were not used for packing cement as originally
the vehicle.
the Uniform Sales Act and the Uniform Commercial Code from
sell the thing at the time when the ownership is to pass, and that
the buyer shall have a peaceful possession of the thing and it shall
return, he should have done so at the time the contract was made.
On the other hand, the buyer cannot accept part and reject the
rest of the goods since this falls outside the normal intent of the
29, 2008
The seller, in pledging that he will defend the same from all
claims or any claim whatsoever [and] will save the vendee from
The vendor in good faith shall be responsible for the existence and
legality of the credit at the time of the sale, unless it should have
has been deprived of the whole or part of the thing sold; (2) This
been sold as doubtful; but not for the solvency of the debtor,
a right prior to the sale made by the vendor; and (4) The vendor
times before signing the lease contract and during his inspection,
condition only gives the other party the option either to refuse to
2001 23
was filed on July 24, 1989, more than nine months from the date
hidden defects shall be barred after six months from the delivery
The petitioner agreed to deliver the scrap iron only upon payment
the price, said deed for right to repurchase is not binding upon
obtain, thus, there was no actual sale. Where the goods have not
them.
been delivered to the buyer, and the buyer has repudiated the
contract of sale, or has manifested his inability to perform his
February 7, 1992
made after the sale, because when the sale is made without such
17, 2002
after they have taken the position that the same was an equitable
mortgage? No, where the proofs established that there could be
was clearly and definitely a sale with pacto de retro, the vendor a
On the same day and along with the execution of the Deed of
1606.
and was also way below the amount paid by the highest bidder-
Article 1606 and 1607 of the New Civil Code. Article 1606 grants
the vendor a retro thirty (30) days from the time final judgment
was rendered, not from the defendants receipt of the judgment,
2000 26
BPI FAMILY SAVINGS BANK, INC. vs. SPS. VELOSO, G.R. NO.
who are not heirs in succession, either by will or the law or any
Co-owners with actual notice of the sale are not entitled to written
thirty days. But where the co-owners had actual notice of the sale
Art. 1623 of the Civil Code is clear in requiring that the written
been leasing. Article 1622 of the New Civil Code only deals with
small urban lands that are bought for speculation where only
interest is in the best position to know who are his co-owners who
under the law must be notified of the sale, and is in the best
notified of (a) the sale and (b) the date of such notice, as the date
redemption.
Absolute Sale and transferring the land title shows that the real
agreement was an equitable mortgage. Delay in transferring title
18, 2008
prejudice to such third person, hence if the third person would not
in a public instrument.
LOURDES BA TONGBACAL
mortgage to arise, two requisites must concur: (1) that the parties
them to pay again for the lots which they previously bought from
Act, provides:
957.
Privity of contracts as a defense does not apply in this case for the
law explicitly grants to the buyer the option to pay the installment
shall state the amount of such assessment and such other charges
25, 2008
may provide for the subordination thereof to any other liens and
foreclosure of mortgages.
We agree with the petitioners contention that the contract for the
because the full and absolute possession and control of the safety
deposit box was not given to the joint renters the petitioner and
the Pugaos.
4726 (the Condominium Act), when a unit owner fails to pay the
association dues, the condominium corporation can enforce a lien
partner;
(d) As interest on a loan, though the amount of payment vary with
apply:
only pay out what it has in its coffers, which consists of all its
payment:
assets. However, before the partners can be paid their shares, the
2005
Petitioner was charged with the crime of estafa and advances the
theory that the intention of the parties was to enter into a contract
would contribute the funds while she would buy and sell the
cigarettes, and later divide the profits between them But even
1786, Civil Code) and for interests and damages from the time he
that mutual resolve, along with each partners capability to give it,
should have complied with his obligation (Art. 1788, Civil Code).
itself. Verily, any one of the partners may, at his sole pleasure,
act in good faith, not that the attendance of bad faith can prevent
Tai Tong Chuache & Co. vs. Insurance Commission, G.R. NO.
that failure to pay any of said installments as they fall due would
demandable.
this case, there were five (5) general partners when the
Article 1807 of the NCC every partner becomes a trustee for his
dismissed, upon motion of the plaintiff, does not unmake the said
Evangelista & Co. vs. Abad Santos, G.R. NO. L-31684 June
28, 1973
accounting and to receive her share in the net profit that may
authorized agent for the firm and that he has authority to bind the
because it is not in line with the normal business of the firm. But
where the express and avowed purpose of the partnership is to
buy and sell real estate (as in the present case), the immovables
October 4, 2000
thus acquired by the firm from part of its stock-in-trade, and the
sale thereof is in pursuance of partnership purposes, hence within
1.
the partnership.
Article 1824 of the Civil Code of the Philippines, all partners are
Suter as the general partner, and Julia Spirig and Gustav Carlson,
Spirig one year after the partnership was organized is not tenable.
The subsequent marriage of the partners does not operate to
dissolve it, such marriage not being one of the causes provided for
them before their marriage; and after they were joined in wedlock,
agent acts for and in behalf of the principal on matters within the
scope of the authority conferred upon him. Such acts have the
have him do. Such a relationship can only be effected with the
Article 1874 of the Civil Code provides that the contract of agency
must be written for the validity of the sale of a piece of land or any
provision, Article 1878 of the Civil Code, states that special powers
personality of the principal or the party for whom another acts and
the basis of agency is representation, that is, the agent acts for
authority and said acts have the same legal effect as if they were
juridical presence qui facit per alium facit per se. The elements
his agent, and holds him out to the public as such, cannot be
agent acts as a representative and not for himself; (4) the agent
expressed, or implied from his acts which carry out the agency, or
be void.
2003
1996
grant only those powers which are specified therein, and the agent
may neither go beyond nor deviate from the power of attorney.
confined to those which are specified and defined, and all other
powers and duties are excluded. This is but in accord with the
principal. The control factor, more than any other, has caused the
category.
attorney, and this is clearly indicated by the fact that it has also
2005
in its execution.
principal but also that of the agent and third persons which are
for more than one year. The lease of real property for more than
affected. Hence, the law provides that in such cases, the agency
PBCOM arguing that on the day the deed was executed there was
said contract of loan was perfected at the same time the contract
1972
The trial court rendered judgment for the plaintiff, ruling that there
CREDIT TRANSACTIONS
Conditions Governing the Issuance and Use of the BPI Credit Card,
the first eight years, Plaintiff-appellant insists that the lower court
respondent BPI.
paid for the first eight years; that such interest was excessive and
The courts may reduce the interest rate as reason and equity
The contract between the parties is one of lease and not of loan
on the part of the lessor, hence usury law will not apply.
HERNANDEZ
G.R. No. 212689, August 11, 2014
not exceed the ceiling fixed by law or the Monetary Board; (2) the
shall be six percent (6%) per annum. Thus, the rate of interest to
increase.
CATHOLIC VICAR APOSTOLIC CHURCH vs. CA, G.R. L-8029495, September 21, 1988
and penalty charges at the rate of 9.25% per month or 111% per
them to 3% per month or 36% per annum based on the Terms and
of just title.
Baloy, are now in actual possession, and this has been so since
The appellant had been in possession of the bull even after the
title to the bull. Hence, it should suffer its loss due to force
majeure.
would be a lease of the bull. Under article 1671 of the Civil Code
of commodatum
. . . is liable for loss of the things, even if it should be through a
fortuitous event:
In simple loan with stipulation of usurious interest, the prestation
(2) If he keeps it longer than the period stipulated . . .
of the debtor to pay the principal debt, which is the cause of the
(3) If the thing loaned has been delivered with appraisal of its
pay the stipulated interest. Hence, being separable, the latter only
of deposit.
Petitioners liability under the suretyship contract is different from
BPI vs. CA, G.R. NO. L-66826 August 19, 1988
that while a surety is bound solidarily with the obligor, this does
MANILA SURETY & FIDELITY CO., INC. vs. ALMEDA, G.R. NO.
L-27249 July 31, 1970
bond, it is enough to remark that while the guarantee was for the
not only the principal obligation but also all its accessories,
the guarantor shall only be liable for those costs incurred after he
solvency or ability to pay, but of the debt itself. Under the Civil
Code, with the debtors insolvency having been judicially
debt yet because Island Savings Bank had not made any release
on the loan, does not make the real estate mortgage void for lack
mortgage cannot be enforced for more than the actual sum due.
28, 1989
1983
the thing pledged; (3) that the persons constituting the pledge
have the right to possess, use, and build on, the property during
1968 67
thru a court action they were well within their right as the action
mortgage cannot be enforced for more than the actual sum due.
was filed within one year from the registration of the foreclosure
sale of the real estate. The law does not even require any previous
the land surrendered to him by the debtor. The petitioners are not
possessors in the concept of owner but mere holders placed in
mortgagor are cut off from the property Prior to the completion of
1967
And, its purpose is to have the property seized and sold by court
rate.
A pledge or mortgage is indivisible even though the debt may be
divided among the successors in interest of the debtor or creditor.
Therefore, the debtors heirs who has paid a part of the debt can
not ask for the proportionate extinguishment of the pledge or
mortgage as long as the debt is not completely satisfied, neither
can the creditors heir who have received his share of the debt
OF APPEALS
debtor, as the owner of the property, does not lose his right to
possess. However, upon the lapse of the redemption period
performance by PIC of its obligations under both the ARDA and the
its Order dated June 19, 2003, there had already been a shift in
the relations of PMO and PIC, from mere seller and buyer, to
no longer avail of the remedy under Section 8 of Act No. 3135, but
foreclosure.
site dug by them, left them all by themselves, and one of the
pupils fell into the pit. A teacher acted with fault and gross
pupils would have made sure that the children are protected from
hosed from a tank truck into the underground storage, right at the
opening of the receiving tank where the nozzle of the hose was
the company should not undermine public peace and order nor
A fire that broke out in the furniture shop of the petitioner spread
and seized the rein of the horses bridle, by reason of which the
of res ipsa loquitur, which is applied by the Court in this case, may
fix the bridle, and while the driver was engaged at the horses
box, and because of the noise caused thereby, the horse was
frightened and it ran away and one of the passengers jumped and
ordinary course of things does not happen if those who have its
was killed. Aranetas act in stopping the horse was held as not the
proximate cause of the accident because the bridle was old, and
easily broken.
his truck, but a policeman who boarded the truck took the wheel,
and while driving the truck, it hit and ran over a pedestrian. There
the policeman.
for the rest of the community. The petitioners urge that the truck
driver (and therefore his employer) should be absolved from
chance. The Supreme Court said that the common law rule of
negligent provided that the defendant had the last clear chance to
see what role, if any, the common law last clear chance doctrine
SCRA 695
The passenger ship of William Lines, Inc. caught fire and sank
which it was brought for annual repair. The doctrine of res ipsa
loquitor applies here because the fire that occurred and consumed
liability sought by another, if the latter, who had the last fair
Cebu Shipyard.
own lane upon seeing the jeepney coming from the opposite
direction, resulting to the death of eight passengers of the jeep.
The doctrine of last clear chance does not take into operation here
last fair chance to avoid the impending harm and failed to do so, is
action, since damages are merely part of the remedy allowed for
P1.6 Million from the P4.4 Million insurance coverage of the Delta
the company. Philamgen was found to have acted with bad faith
and with abuse of right in terminating the agency under the
principle that every person must in the exercise of his rights and
between Tan Chuan Leong and his son and had entered into the
in the performance of his duties act with justice, give everyone his
due, and observe honesty and good faith (Art. 19, Civil Code), and
SCRA 20 83
that the violation of the statute was the proximate or legal cause
the goods were actually sent to and sold in the Philippines. A ploy
therefrom.
A head-on-collision took place between a cargo truck driver and a
Valenzuela vs. Court of Appeals, G.R. NO. 83122, October
car driver Jose Koh, which resulted in the death of Jose Koh and
19, 1990
two others because the Koh avoided hitting two boys who
suddenly darted across the lane. Under the Emergency Rule, Koh
was not negligent because his entry into the lane of the truck was
greater peril of death or injury to the two boys. Under this rule, a
person who, without fault or negligence on his part, is suddenly
street corner, and it appears from the evidence that the drivers
circumstances.
Negros Navigation Co., Inc. vs. Court of Appeals, 281 SCRA
Del Rosario vs. Manila Electric Co., 57 Phil. 478
534
of the charged ends fell to the ground, and a nine (9) year old
PNOC, was playing mah-jong when it collided off the Tablan Strait
owner of the ship was found equally negligent with the ship
captain and other crew members while on board the ship and
companion of the age of 8 years does not, in our opinion, alter the
case.
the jeep swerved from the inside lane of the street, respondents
injuries and those of his wife but goes to the very cause of the
expired) and his omission to verify whether his second motion for
found out that brain damage does not normally occur in the
appeared for the complainant only for a special purpose and that
handle his case after the hearing of October 23, 1964, so that he
did nothing more about it. An attorney is not bound to exercise
undertakes to do.
Theness, a three-year old child, was killed after she was bitten by
a dog while she was playing with the child of Purita Vestil in the
owner of the house where the child was bitten cannot be accepted
because under the Article 2183 of the Civil Code the possessor of
Amadora was shot dead by his classmate Daffon inside the school
The present case stemmed from the filing before the Supreme
of an action does not per se make the action wrongful and subject
the actor to make payment of damages for the law could not have
student continues.
Yu was inside his car when his driver bumped a carretela in front
and at the same time hit another car coming from the opposite
direct. Under [Article 2184], if the causative factor was the drivers
of due diligence.
The Court ruled that Mindanao Terminal had duly exercised the
person for whose acts he must respond; and (c) the connection of
Two days before the wedding, defendant, who was then 28 years
old, simply left a note for plaintiff stating: Will have to postpone
city in Mindanao, and never returned and was never heard from
aforesaid and per express provision of Article 2219 (10) of the New
Civil Code, moral damages are recoverable in the cases mentioned
Plaintiff was forced out of his seat in the first class compartment of
The demand letter sent to the petitioner on October 28, 1992, was
in accordance with an extra-judicial demand contemplated by law.
When the debtor knows the amount and period when he is to pay,
(1) the fact of the prosecution and the further fact that the
defendant was himself the prosecutor, and that the action was
finally terminated with an acquittal;
she had already issued checks drawn against the said account and
even if the banks negligence may not have been attended with
Salazar without even serving due notice upon her. The award of
its contract of carriage with the deceased but the only issue raised
basis and much is left to the discretion of the court considering the
moral and material damages involved, and so it has been said that
alleviate and not aggravate his condition after the infliction of the
injury, and places upon him the burden of explaining why he could
not do so.
without informing her that it had already done so, which caused
matter and aside from the ordinary indemnity for death appellant