Category: Civil Law

— Civil Law —

Macalinao v. Ong G.R. No. 146635 Negligence, Damages, Evidence

February 6, 2023

FACTS: Marcelo Macalinao and Eddie Medecielo Ong were employed as utility man and driver, respectively, at the Genetron International Marketing, a single proprietorship owned and operated by Genovevo Sebastian.  On 25 April 1992, Sebastian instructed Macalinao, Ong and two truck helpers to deliver a heavy piece of machinery reactor/motor for mixing chemicals, to Sebastian’s manufacturing… Read More Macalinao v. Ong G.R. No. 146635 Negligence, Damages, Evidence

— Civil Law, Remedial Law —

Sps. Pajares v. Remarkable Laundry G.R. No. 212690, February 20, 2017 Jurisdiction, Breach of Contract, Damages

October 29, 2022

FACTS: Remarkable Laundry and Dry Cleaning (respondent) filed a Complaint denominated as “Breach of Contract and Damages” against spouses Romeo and Ida Pajares (petitioners) before the RTC, wherein it alleged that it entered into a Dealer Outlet Contract with petitioners whereby the latter, acting as a dealer outlet, shall accept and receive items or materials for laundry… Read More Sps. Pajares v. Remarkable Laundry G.R. No. 212690, February 20, 2017 Jurisdiction, Breach of Contract, Damages

— Civil Law —

HEIRS OF THE LATE APOLINARIO CABURNAY v. HEIRS OF TEODULO SISON,  G.R. No. 230934, December 02, 2020, J. CAGUIOA Succession, Sale, Co-Ownership

June 13, 2022

FACTS: Petitioners alleged that on September 23, 1994, respondents’ predecessor-in-interest Teodulo Sison sold a parcel of land to [petitioners’] predecessor-in-interest Apolinario Caburnay. The [subject] property was covered by TCT No. 8791 with an approximate area of 7,768 square meters. The parties agreed that Apolinario would pay P40,000.00 as initial payment of the total purchase price… Read More HEIRS OF THE LATE APOLINARIO CABURNAY v. HEIRS OF TEODULO SISON,  G.R. No. 230934, December 02, 2020, J. CAGUIOA Succession, Sale, Co-Ownership

— Civil Law —

Geluz v. CA G.R. No. L-16439, July 20, 1961 Persons and Family Relations

February 24, 2022

FACTS: Nita Villanueva came to know petitioner Antonio Geluz, a physician, for the first time in 1948 — through her aunt. In 1950 she became pregnant by her present husband before they were legally married. Desiring to conceal her pregnancy from her parents, and acting on the advice of her aunt, she had herself aborted… Read More Geluz v. CA G.R. No. L-16439, July 20, 1961 Persons and Family Relations

— Civil Law, Remedial Law —

Korea Technologies v. Lerma, G.R. No. 143581, 2008 Contracts with Arbitration Clause, Lex Loci Celebrationis

February 23, 2022

FACTS: Private respondent Pacific General Steel Manufacturing Corp. (PGSMC), a domestic corporation, and petitioner Korea Technologies Co., Ltd. (KOGIES), a Korean corporation,  executed a Contract whereby KOGIES would set up an LPG Cylinder Manufacturing Plant in Carmona, Cavite. The contract was executed in the Philippines.  The parties amended the contract in Korea, under which, KOGIES… Read More Korea Technologies v. Lerma, G.R. No. 143581, 2008 Contracts with Arbitration Clause, Lex Loci Celebrationis

— Civil Law, Remedial Law —

Tabuada v. Tabuada G.R. No. 196510, September 12, 2018 Real Estate Mortgage, Preponderance of Evidence

September 18, 2021

FACTS: Petitioners Sofia Tabuada et al commenced an action to declare the nullity of a mortgage and damages against respondents Spouses Certeza, Eleanor Tabuada, Trabuco and Redondo. The complainant included a prayer for a temporary restraining order (TRO) and for the issuance of the writ of preliminary injunction. Petitioner testified that her late husband Simeon… Read More Tabuada v. Tabuada G.R. No. 196510, September 12, 2018 Real Estate Mortgage, Preponderance of Evidence

— Civil Law —

PRIMARY STRUCTURES CORP. v. SPS. VALENCIA Right of Legal Pre-emption or Redemption

August 29, 2021

FACTS: Petitioner is a private corporation and the registered owner of Lot 4523 situated in Liloan, Cebu, with an area of 22,214 square meters.  Adjacent to the lot of petitioner are parcels of land, identified to be Lot 4527, Lot 4528, and Lot 4529 with a total combined area of 3,751 square meters.  The above… Read More PRIMARY STRUCTURES CORP. v. SPS. VALENCIA Right of Legal Pre-emption or Redemption

— Civil Law, Remedial Law —

Padlan v. DInglasan G.R. No. 180321, March 20, 2013 Jurisdiction, B.P. Blg. 129, Title to Real Property

July 26, 2021

FACTS: Elenita Dinglasan was the registered owner of a parcel of land designated as Lot No. 625 covered by TCT No. T-105602, with an aggregate area of 82,972 square meters. While on board a jeepney, Elenita’s mother, Lilia Baluyot, had a conversation with one Maura Passion regarding the sale of the said property. Believing that… Read More Padlan v. DInglasan G.R. No. 180321, March 20, 2013 Jurisdiction, B.P. Blg. 129, Title to Real Property

— Civil Law, Remedial Law —

Santos v. Santos G.R. No. 187061, October 08, 2014 Declaration of Presumptive Death, Annulment of Judgment

July 13, 2021

FACTS: On July 27, 2007, the RTC declared petitioner Celerina J. Santos presumptively dead after her husband, respondent Ricardo T. Santos, had filed a petition for declaration of absence or presumptive death for the purpose of remarriage on  June 15, 2007.  Ricardo alleged that after they had gotten married on June 18, 1980. After a… Read More Santos v. Santos G.R. No. 187061, October 08, 2014 Declaration of Presumptive Death, Annulment of Judgment

— Civil Law —

Braza v. the City Registrar of Himamaylan City, Negros Occidental G.R. No. 181174 December 4, 2009 Legitimacy and Filiation, Rule 108, Correction of Entry

July 8, 2021

FACTS: Petitioner Ma. Cristina Torres and Pablo Sicad Braza, were married on January 4, 1978. The union bore Ma. Cristina’s co-petitioners Paolo Josef, Janelle Ann, and Gian Carlo. Pablo died on April 15, 2002 in a vehicular accident in Bandung, West Java, Indonesia. During the wake following the repatriation of his remains to the Philippines,… Read More Braza v. the City Registrar of Himamaylan City, Negros Occidental G.R. No. 181174 December 4, 2009 Legitimacy and Filiation, Rule 108, Correction of Entry