Category: Civil Law

— 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

— Civil Law —

Republic v. Heirs of Ignacio Daquer G.R. No. 193657, EN BANC, September 04, 2018, J. Leonen Public Land Act, Classification of Lands of the Public Domain as Alienable and Disposable

May 31, 2021

FACTS: On October 22, 1933, Ignacio Daquer, married to Fernanda Abela, applied for a homestead patent grant over Lot No. H-19731, situated at Brgy. Corong-Corong, Centro, Bacuit, Palawan. Daquer lodged Homestead Application No. 197317 before the Bureau of Lands, now Land Management Bureau. On September 3, 1936, the Provincial Environment and Natural Resources Officer, by… Read More Republic v. Heirs of Ignacio Daquer G.R. No. 193657, EN BANC, September 04, 2018, J. Leonen Public Land Act, Classification of Lands of the Public Domain as Alienable and Disposable

— Civil Law —

Republic v. Manalo April 24, 2018 G.R. No. 221029 Foreign Divorce Decree, Article 26 (2) Family Code

May 15, 2021

FACTS: Marelyn Tanedo Manalo filed a petition for cancellation of Entry of marriage in the Civil Registry of San Juan, Metro Manila, by virtue of a judgment of divorce rendered by a Japanese court. An Amended Petition which captioned that it is also a petition for recognition and enforcement of foreign judgment was later filed,… Read More Republic v. Manalo April 24, 2018 G.R. No. 221029 Foreign Divorce Decree, Article 26 (2) Family Code

— Civil Law —

Coronel v. CA G.R. No. 103577 October 7, 1996 Contract of Sale, Contract to Sell, Double Sale 

May 8, 2021

FACTS: On January 19, 1985, defendants-appellants Romulo Coronel, et al. executed a document entitled “Receipt of Down Payment” (Exh. “A”) in favor of plaintiff Ramona Patricia Alcaraz subject of which is an inherited house and lot, covered by TCT No. 119627 in the total amount of P1,240,000.00. The conditions of the sale  were: 1. Ramona… Read More Coronel v. CA G.R. No. 103577 October 7, 1996 Contract of Sale, Contract to Sell, Double Sale 

— Civil Law —

Cuevas v. Cuevas G.R. No. L-8327 December 14, 1955 Donation

May 7, 2021

FACTS: On September 18, 1950, Antonina Cuevas executed a notarized conveyance entitled “Donacion Mortis Causa,” ceding to her nephew Crispulo Cuevas the northern half of a parcel of unregistered land in Nueva Ecija, thus: Dapat maalaman ni Crispulo Cuevas na samantalang ako ay nabubuhay, and lupa na ipinagkakaloob ko sa kaniya ay ako pa rin… Read More Cuevas v. Cuevas G.R. No. L-8327 December 14, 1955 Donation