Category: Civil Law

— Civil Law —

Gocolay v. Gocolay G.R. No. 220606, January 11, 2021 Nonmarital Child, Paternity and Filiation, Supervening Event

March 6, 2023

FACTS: Michael Benjo Gocolayfiled a petition for paternity, seeking to be recognized as a biological and nonmarital son of Miguel Gocolay.  According to Michael, his mother Priscilla Castor met Miguel in 1976, and had a romantic relationship with him which resulted in a pregnancy. When Michael was born, Miguel allegedly promised to support him and… Read More Gocolay v. Gocolay G.R. No. 220606, January 11, 2021 Nonmarital Child, Paternity and Filiation, Supervening Event

— Civil Law —

Sps. Nonay v. Citihomes Builder  G.R. No. 204160               September 22, 2014 Maceda Law

December 13, 2022

FACTS: On December 29, 2004, Citihomes and Spouses Noynay executed a contract to sell covering the sale of a house and lot located in San Jose Del Monte, Bulacan, and covered by TCT No. T-43469.  Under the terms of the contract, the price of the property was fixed at ₱915,895.00, with a downpayment of ₱183,179.00, and… Read More Sps. Nonay v. Citihomes Builder  G.R. No. 204160               September 22, 2014 Maceda Law

— Civil Law, Remedial Law —

HEIRS OF ALFREDO CULLADO v. GUTIERREZ G.R. No. 212938, July 30, 2019 J. Caguioa, Accion Publiciana, Torrens Title

October 27, 2022

FACTS: A Katibayan ng Orihinal na Titulo Blg. [(OCT No.)] P-61499 covering the subject property was issued in Dominic Gutierrez’s favor. Subsequently, [Dominic]’s father, Dominador L. Gutierrez, representing [Dominic] who was then still a minor, filed before the RTC an action for recovery of ownership, possession with damages with prayer for preliminary mandatory injunction and temporary restraining order… Read More HEIRS OF ALFREDO CULLADO v. GUTIERREZ G.R. No. 212938, July 30, 2019 J. Caguioa, Accion Publiciana, Torrens Title

— Civil Law —

Pana v. Heirs of Juanite G.R. No. 164201 December 10, 2012 Family Code, Property Relations between Husband and Wife, Conjugal Partnership of Gains

August 3, 2022

FACTS: The prosecution accused petitioner Efren Pana, his wife Melecia, and others of murder before the RTC of Surigao City. Efren was acquitted of the charge for insufficiency of evidence but Melecia and another person guilty as charged and sentenced them to the penalty of death. The RTC ordered those found guilty to pay each… Read More Pana v. Heirs of Juanite G.R. No. 164201 December 10, 2012 Family Code, Property Relations between Husband and Wife, Conjugal Partnership of Gains

— Civil Law —

Carullo-Padua v. Padua G.R. No. 208258 April 27,2022 Article 36 of the Family Code, Psychological Incapacity, Tan-Andal Guidelines

July 24, 2022

FACTS: Maria Vicia Carullo-Padua and Joselito Padua were married in a civil ceremony on February 5, 1982 followed by a church wedding on December 18, 1982. The union produced a son born on March 23, 1986. On July 17, 1997, Maria filed a petition for declaration of absolute nullity of their marriage pursuant to Article… Read More Carullo-Padua v. Padua G.R. No. 208258 April 27,2022 Article 36 of the Family Code, Psychological Incapacity, Tan-Andal Guidelines

— Civil Law, Criminal Law —

Malaki and Salanatin-Malaki v. People G.R. No. 221075 November 15, 2021 Bigamy, the Muslim Code

June 2, 2022

FACTS: Nerrian Maningo-Malaki claimed that on March 26, 1988, she and petitioner Francis Malaki were married under the religious rites of Iglesia ni Cristo in Panabo City, Davao del Norte. They begot two children. In 2005, Francis left the family home for Tagum City to find a job. He later abandoned their family. Nerrian discovered… Read More Malaki and Salanatin-Malaki v. People G.R. No. 221075 November 15, 2021 Bigamy, the Muslim Code

— Civil Law —

Tan-Andal v. Andal G.R. No. 196359 May 11,2021 Psychological Incapacity

February 19, 2022

FACTS: Mario Victor M. Andal and Rosanna L. Tan met in 1975. They eventually lost contact until they reconnected in 1995 when Mario was in the Philippines for a two-month vacation from his work in Italy. They became sweethearts in June 1995. And in July 1995, Mario left for Italy, promising Rosanna that he would… Read More Tan-Andal v. Andal G.R. No. 196359 May 11,2021 Psychological Incapacity

— Civil Law, Remedial Law —

SUPREME TRANSLINER INC., v. CA G.R. No. 125356 November 21, 2001 Burden of Evidence, Preponderance of Evidence

March 2, 2021

FACTS: On September 24, 1990, a Supreme Transliner bus owned by Petitioner Felipe Sia, and driven by co-petitioner Novencio Flores, collided with a passenger jeepney carrying private respondents Gloria and Lotis Brazal. The jeepney was owned by Marcelino Villones and driven by Reynaldo Decena. Private respondents instituted a civil case for damages against petitioners based… Read More SUPREME TRANSLINER INC., v. CA G.R. No. 125356 November 21, 2001 Burden of Evidence, Preponderance of Evidence

— Bar Q & A, Civil Law —

Common Carriers, Bill of Lading, and COGSA Recent Rulings and Bar Q & A’s

August 23, 2020

A contract of carriage generates a relation attended with public duty, neglect or malfeasance of the carrier’s employees and gives ground for an action for damages. The liability of common carriers under Article 1759 is demanded by the duty of extraordinary diligence required of common carriers in safely carrying their passengers. On the other hand,… Read More Common Carriers, Bill of Lading, and COGSA Recent Rulings and Bar Q & A’s

— Civil Law —

Delos Reyes and Peralta v. Municipality of Kalibo, Aklan G.R. No. 214587, February 26, 2018 Accretion, Ownership, Torrens Title

August 2, 2020

FACTS: The subject lot located in Kalibo, is registered in the name of Ana O. Peralta. Upon her demise, her property passed on to her brother, Jose Peralta, who caused registration of the same in his name.  Jose later had the property divided into Lots 2076-A and 2076-B, and sold the latter portion. Lot 2076-A,… Read More Delos Reyes and Peralta v. Municipality of Kalibo, Aklan G.R. No. 214587, February 26, 2018 Accretion, Ownership, Torrens Title