Civil Law

KHE HONG CHENG v. CA G.R. No. 144169 March 28, 2001 Accion Pauliana, Rescission of Contracts, Prescription

FACTS: The Philippine Agricultural Trading Corporation shipped on board the vessel M/V PRINCE ERIC, of Butuan Shipping Lines, owned by petitioner Khe Hong Cheng, 3,400 bags of copra at Masbate, for delivery to Dipolog City, Zamboanga del Norte. The shipment was covered by a marine insurance policy issued by American Home Insurance Company. M/V PRINCE… Read More KHE HONG CHENG v. CA G.R. No. 144169 March 28, 2001 Accion Pauliana, Rescission of Contracts, Prescription

Civil Law

Republic v. Albios G.R. No. 198780 October 16, 2013 Marriage in Jest, Consent, Family Code

FACTS: Liberty Albios filed with the RTC a petition for declaration of nullity of her marriage with Daniel Lee Fringer, an American citizen.  She alleged that immediately after their marriage, they separated and never lived as husband and wife because they never really had any intention of entering into a married state or complying with… Read More Republic v. Albios G.R. No. 198780 October 16, 2013 Marriage in Jest, Consent, Family Code

Civil Law

STRONGHOLD INSURANCE v. REPUBLIC-ASAHI GLASS CORPORATION G.R. No. 147561 June 22, 2006 Obligations and Contracts, Transmissibility of Obligation, Effect of the Death of the Principal Debtor, Surety, Solidary Liability

FACTS: On May 24, 1989, [respondent] Republic-Asahi entered into a contract with x x x Jose D. Santos, Jr., the proprietor of JDS Construction (JDS), for the construction of roadways and a drainage system in Republic-Asahi’s compound, which was supposed to be completed within a period of 240 days, where [respondent] was to pay x… Read More STRONGHOLD INSURANCE v. REPUBLIC-ASAHI GLASS CORPORATION G.R. No. 147561 June 22, 2006 Obligations and Contracts, Transmissibility of Obligation, Effect of the Death of the Principal Debtor, Surety, Solidary Liability

Civil Law

Lee v. RTC of Quezon City Branch 85 G.R. NO. 146006. February 23, 2004 Succession

FACTS: Dr. Juvencio P. Ortaez owned ninety percent (90%) of the subscribed capital stock of Philinterlife.   When Dr. Ortaez died, he left behind a wife(Juliana), three legitimate children (Rafael, Jose and Antonio Ortaez) and five illegitimate children (herein private respondent Ma. Divina Ortaez-Enderes and her siblings). Rafael Ortaez filed before the CFI Quezon City Branch… Read More Lee v. RTC of Quezon City Branch 85 G.R. NO. 146006. February 23, 2004 Succession

Civil Law, Legal Ethics

Espinosa v. Atty. Omaña A.C. No. 9081 October 12, 2011 Extrajudicial Dissolution of Conjugal Partnership, Code of Professional Responsibility

FACTS: On 17 November 1997, Rodolfo A. Espinosa and his wife Elena Marantal (Marantal) sought Atty. Julieta A. Omaña’s legal advice on whether they could legally live separately and dissolve their marriage solemnized on 23 July 1983. Omaña then prepared a document entitled “Kasunduan Ng Paghihiwalay” (contract).  Marantal and Espinosa, fully convinced of the validity… Read More Espinosa v. Atty. Omaña A.C. No. 9081 October 12, 2011 Extrajudicial Dissolution of Conjugal Partnership, Code of Professional Responsibility

Civil Law

MATEO v. LAGUA G.R. No. L-26270  October 30, 1969 Donation Propter Nuptias; Reduction thereof when Inofficious

FACTS: Cipriano Lagua, the original registered owner of 3 parcels of land subject of this case, and his wife, in a public instrument, donated Lots 998 and 6541 to their son Alejandro Lagua, in consideration of the latter’s marriage to Bonifacia Mateo. After the marriage was celebrated on 15 May 1917, the couple took possession… Read More MATEO v. LAGUA G.R. No. L-26270  October 30, 1969 Donation Propter Nuptias; Reduction thereof when Inofficious

Civil Law

Bier v. Bier G.R. No. 173294 February 27, 2008 Psychological Incapacity

FACTS: Petitioner Renne Enrique E. Bier met respondent Ma. Lourdes A. Bier through his sister. Six months after their first meeting, they were married at the UST Santissimo Rosario Parish Church. Everything went well for the first three years of their marriage.  As petitioner was based in Saudi Arabia as an electronics technician at Saudia… Read More Bier v. Bier G.R. No. 173294 February 27, 2008 Psychological Incapacity

Civil Law, Remedial Law

San Luis v. San Luis G.R. No. 133743 February 6, 2007 Art. 26 of the Civil Code, Venue, Legal Capacity

FACTS: During his lifetime, Felicisimo San Luis, who was the former governor of the Province of Laguna, contracted three marriages.  His first marriage was with Virginia Sulit on March 17, 1942 out of which were born six children, namely: Rodolfo, Mila, Edgar, Linda, Emilita and Manuel.  Virginia predeceased Felicisimo. In 1968, Felicisimo married Merry Lee… Read More San Luis v. San Luis G.R. No. 133743 February 6, 2007 Art. 26 of the Civil Code, Venue, Legal Capacity

Civil Law, Remedial Law

Villanueva v. Nite, G.R. No. 148211, July 25, 2006 Annulment of Judgment , Extrinsic or Collateral Fraud, Compulsory Joinder of Indispensable Parties, Relativity of Contracts

FACTS: Respondent Marlyn Nite took out a loan of P409,000 from petitioner SIncere Villanueva and secured it with an Asian Bank Corporation (ABC) check in the amount of P325,500 dated February 8, 1994. The date was later changed to June 8, 1994 with the consent and concurrence of petitioner. The check was dishonored due to… Read More Villanueva v. Nite, G.R. No. 148211, July 25, 2006 Annulment of Judgment , Extrinsic or Collateral Fraud, Compulsory Joinder of Indispensable Parties, Relativity of Contracts

Bar Q & A, Civil Law

SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW -UP Law Complex

I. Sidley and Sol were married with one (1) daughter, Solenn. Sedfrey and Sonia were another couple with one son, Sonny. Sol and Sedfrey both perished in the same plane accident. Sidley and Sonia met when the families of those who died sued the airlines and went through grief counseling sessions. Years later, Sidley and… Read More SUGGESTED ANSWERS TO THE 2018 BAR EXAMINATION QUESTIONS IN CIVIL LAW -UP Law Complex