Author: pinayjurist

I do not own all the contents and I am grateful for the original authors who shared the product of their hard work on the internet.
— Constitutional Law, Remedial Law —

Garcia vs. Drilon G.R. No. 179267 June 25, 2013 Jurisdiction of Family Courts

January 29, 2018

FACTS: Rosalie Jaype-Garcia (private respondent) filed, for herself and in behalf of her minor children, a verified petition before the RTC of Bacolod City for the issuance of a Temporary Protection Order (TPO) against her husband, Jesus C. Garcia (petitioner), pursuant to R.A. 9262. She claimed to be a victim of physical abuse; emotional, psychological,… Read More Garcia vs. Drilon G.R. No. 179267 June 25, 2013 Jurisdiction of Family Courts

— Civil Law —

BANK OF AMERICA vs. AMERICAN REALTY CORP. & CA G.R. No. 133876 December 29, 1999 Doctrine of Processual Presumption

January 29, 2018

FACTS: Petitioner Bank of America NT & SA (BANTSA) is an international banking and financing institution duly licensed to do business in the Philippines, organized and existing under and by virtue of the laws of the State of California, USA, while private respondent American Realty Corporation (ARC) is a domestic corporation. Bank of America International… Read More BANK OF AMERICA vs. AMERICAN REALTY CORP. & CA G.R. No. 133876 December 29, 1999 Doctrine of Processual Presumption

— Civil Law —

Bopis vs. Bopis G.R. No. 138509. July 31, 2000 Prejudicial Question

January 29, 2018

FACTS: Respondent contracted a first marriage with one Maria Dulce B. Javier. Without said marriage having been annulled, nullified or terminated, the same respondent contracted a second marriage with petitioner Imelda Marbella-Bobis, and allegedly a third marriage with a certain Julia Sally Hernandez. Based on petitioners complaint-affidavit, an information for bigamy was filed against respondent.… Read More Bopis vs. Bopis G.R. No. 138509. July 31, 2000 Prejudicial Question

— Civil Law —

AIR FRANCE v. RAFAEL CARRASCOSO G.R. No. L-21438, September 28, 1966 Damages, Bad Faith

January 27, 2018

FACTS: Plaintiff, a civil engineer, was a member of a group of 48 Filipino pilgrims that left Manila for Lourdes on March 30, 1958. The defendant, Air France, through its authorized agent, Philippine Air Lines, Inc., issued to plaintiff a ‘first class’ round trip airplane ticket from Manila to Rome. From Manila to Bangkok, plaintiff… Read More AIR FRANCE v. RAFAEL CARRASCOSO G.R. No. L-21438, September 28, 1966 Damages, Bad Faith

— Civil Law, Constitutional Law —

Republic vs. Cagandahan G.R. No. 166676 September 12, 2008

January 27, 2018

FACTS: Jennifer Cagandahan filed a Petition for Correction of Entries in Birth Certificate[In her petition, she alleged that she was born on January 13, 1981 and was registered as a female in the Certificate of Live Birth but while growing up, she developed secondary male characteristics and was diagnosed to have Congenital Adrenal Hyperplasia (CAH)… Read More Republic vs. Cagandahan G.R. No. 166676 September 12, 2008

— Civil Law, Criminal Law —

Capili vs. People G.R. No. 183805, July 03, 2013 Bigamy

January 27, 2018

FACTS: Petitioner was charged with the crime of bigamy before the RTC. Petitioner thereafter filed a Motion to Suspend Proceedings alleging that: (1) there is a pending civil case for declaration of nullity of the second marriage before the RTC of Antipolo City filed by Karla Y. Medina-Capili; (2) in the event that the marriage… Read More Capili vs. People G.R. No. 183805, July 03, 2013 Bigamy

— Civil Law —

Republic vs. CA, Molina G.R. No. 108763 February 13, 1997 Psychological Incapacity

January 27, 2018

FACTS: Roridel O. Molina filed a petition for declaration of nullity of her marriage to Reynaldo Molina. The petition alleged that after a year of marriage, Reynaldo showed signs of “immaturity and irresponsibility” as a husband and a father since he preferred to spend more time with his peers and friends on whom he squandered… Read More Republic vs. CA, Molina G.R. No. 108763 February 13, 1997 Psychological Incapacity