Category: Civil Law

— Civil Law, Remedial Law —

SANTIAGO v. JORNACION G.R. No. 230049. October 06, 2021 Paternity and Filiation, DNA Evidence Rule, Family Code, Best Interest of the Child Principle

September 20, 2023

FACTS: Bernie Santiago, claiming to be the biological father of Sofia, filed a petition with the RTC which sought to establish his paternity with Sofia and to have the City Civil Registrar of Marikina City correct some entries in Sofia’s Birth Certificate.  He averred that Sofia was the fruit of his romantic relationship with Magdalena… Read More SANTIAGO v. JORNACION G.R. No. 230049. October 06, 2021 Paternity and Filiation, DNA Evidence Rule, Family Code, Best Interest of the Child Principle

— Civil Law, Special Proceedings —

In the Matter of the Intestate of Proceso de Guzman. DE GUZMAN v. LIMCOLIOC   G.R. No. L-46134, April 18, 1939 Appointment of the Administrator of the Estate of a Deceased Person

September 4, 2023

FACTS: Proceso de Guzman died on January 1, 1937, without leaving a will. The deceased was first married to Agatona Santos, with whom he had four children, named Nicolasa, Apolinario, Ana and Tomasa.  After Agatona’s death, the deceased contracted a second marriage with Angela Limcolioc, with whom he did not have any child. Nicolasa de… Read More In the Matter of the Intestate of Proceso de Guzman. DE GUZMAN v. LIMCOLIOC   G.R. No. L-46134, April 18, 1939 Appointment of the Administrator of the Estate of a Deceased Person

— Civil Law, Special Proceedings —

Lazatin v. Judge Campos G.R. No. L-43955-56 July 30, 1979 Succession, Adoption, Probate Proceedings

July 26, 2023

FACTS: Dr. Mariano M. Lazatin died intestate in Pasay City, survived by his wife, Margarita de Asis, and his adopted twin daughters, respondent Nora L. de Leon and respondent Irma Lazatin. One month after Mariano’s death, his widow, Margarita de Asis, commenced an intestate proceeding before the CFI of Pasay. Mariano, Oscar, Virgilio and Yvonne,… Read More Lazatin v. Judge Campos G.R. No. L-43955-56 July 30, 1979 Succession, Adoption, Probate Proceedings

— Civil Law —

Cortez v. Cortez G.R. No. 224638 April 10, 2019 Article 36 of the Family Code, Psychological Incapacity

July 12, 2023

FACTS: Petitioner Rolando D. Cortez  alleged that in February 1990, he was invited to a birthday party, and after consuming three bottles of beer, he became dizzy and passed out. When he woke up, he was already in a room with respondent Luz Cortez, clad only in his underwear and they were covered with a… Read More Cortez v. Cortez G.R. No. 224638 April 10, 2019 Article 36 of the Family Code, Psychological Incapacity

— 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