Latest Civil Law Cases
Latest Civil Law Cases
Latest Civil Law Cases
Civil Code
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Civil Code
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(e) the debtor must reimburse the assignee for the price
paid by the latter, the judicial costs incurred by the latter
and the interest on the price from the day on which the
same was paid; and
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(5) When the vendor binds himself to pay the taxes on the
thing sold;
Special Laws
Family Code; presumption of death; summary judicial
proceedings under the Family Code. Under Article 41 of
the Family Code, the losing party in a summary
proceeding for the declaration of presumptive death may
file a petition for certiorari with the CA on the ground that,
in rendering judgment thereon, the trial court committed
grave abuse of discretion amounting to lack of
jurisdiction. From the decision of the CA, the aggrieved
party may elevate the matter to this Court via a petition
for review on certiorari under Rule 45 of the Rules of
Court. (Digesters Note: This case also summarizes a
number of cases on proof for existence of a well-
founded belief that the absent spouse is already dead,
but there is no ruling on this point and the comment by
the Court that the Republics arguments are well-taken,
is obiter.) Republic of the Philippines vs. Yolanda Cadacio
Granada; G.R. No. 187512, June 13, 2012.
Civil Code
Special Laws
Civil Code
Special Laws
Act No. 1120 See digest of Serverino M. Manotok IV, et al.
vs. Heirs of Homer L. Barque, represented by Teresita
Barque Hernandez; G.R. Nos. 162335 & 162605. March 6,
2012, under heading of Contracts.
(10) Acts and actions referred to in Articles 21, 26, 27, 28,
29, 30, 32, 34, and 35.
(11) In any other case where the court deems it just and
equitable that attorneys fees and expenses of litigation
should be recovered.
CIVIL CODE
Article 2180 of the Civil Code does not make the principal
vicariously liable for the tort committed by its agents
employees and the principal-agency relationshipper
sedoes not make the principal a party to such tort;
hence, the need to prove the principals own fault or
negligence.
Civil Code
Contracts; interpretation. Article 1332. When one of the
parties is unable to read, or if the contract is in a language
not understood by him, and mistake or fraud is alleged,
the person enforcing the contract must show that the
terms thereof have been fully explained to the former.
Special Laws
Civil Code
Civil Code
As the facts of this case bear out, PCIB did not act out of
malice or bad faith when it froze Ramos bank account
and subsequently debited the amount of P251,910.96
therefrom. While PCIB may have acted hastily and without
regard to its primary duty to treat the accounts of its
depositors with meticulous care and utmost fidelity, we
find that its actions were propelled more by the need to
protect itself, and not out of malevolence or ill will. One
may err, but error alone is not a ground for granting moral
damages.
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Civil Code
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The Heirs of the late Ruben Reinoso, Sr., et al. vs. Court
of Appeals, et al.; G.R. No. 116121. July 18, 2011.
Sale; double sale. All the parties to this case trace their
ownership to either of the two persons that Ouano sold
the properties to either to Cobarde, who allegedly
purchased the land in 1948, or to the National Airports
Corporation, which bought the land in 1952. Undoubtedly,
the National Airports Corporation was the only party that
registered the sale with the Registry of Deeds. For this
registration to be binding, we now have to determine
whether the National Airports Corporation acted with
good faith when it registered the properties, in
accordance with Article 1544 of the Civil Code, which
provides:
Civil Code
Agency; agency by estoppel. The doctrine of estoppel is
based upon the grounds of public policy, fair dealing,
good faith and justice, and its purpose is to forbid one to
speak against his own act, representations, or
commitments to the injury of one to whom they were
directed and who reasonably relied thereon. The doctrine
of estoppel springs from equitable principles and the
equities in the case. It is designed to aid the law in the
administration of justice where without its aid injustice
might result. It has been applied by this Court wherever
and whenever special circumstances of a case so
demand.
Special Laws
Land registration. Section 14(1) of the Property
Registration Decree has three requisites for registration of
title: (a) that the property in question is alienable and
disposable land of the public domain; (b) that the
applicants by themselves or through their predecessors-
in-interest have been in open, continuous, exclusive and
notorious possession and occupation; and (c) that such
possession is under a bona fide claim of ownership since
June 12, 1945 or earlier.
Civil Code
Civil Code
In this case, the action filed by the heirs is primarily for the
recovery of damages arising from breach of contract of
carriage allegedly committed by G & S. Clearly, it is an
independent civil action arising from contract which is
separate and distinct from the criminal action for reckless
imprudence resulting in homicide filed by the heirs against
Padilla by reason of the same incident. Hence, regardless
of Padillas acquittal or conviction in said criminal case,
same has no bearing in the resolution of the present case.
Heirs of Jose Marcial K. Ochoa, namely: Ruby B. Ochoa,
et al. v. G & S Transport Corporation/G & S Transport
Corporation v. Heirs of Jose Marcial K. Ochoa, namely:
Ruby B. Ochoa, et al., G.R. No. 170071 & G.R. No.
170125,March 9, 2011.
Art. 2206. x x x
Special laws
Civil Code
Special Laws
As earlier stated, both the law and the Master Deed refer
to utility installations as forming part of the common
areas, which reference is justified by practical
considerations. Repairs to correct any defects in the
electrical wiring should be under the control and
supervision of respondent to ensure safety and
compliance with the Philippine Electrical Code, not to
mention security and peace of mind of the unit owners.
Revelina Limson v. Wack Wack Condominium
Corporation; G.R. No. 188802.February 14, 2011.
Public Land Act. Under Section 48(b) of the Public Land
Act, as amended by P.D. 1073, in order that petitioners
application for registration of title may be granted, they
must first establish the following: (1) that the subject land
forms part of the disposable and alienable lands of the
public domain and (2) that they have been in open,
continuous, exclusive and notorious possession and
occupation of the same under a bona fide claim of
ownership, since June 12, 1945, or earlier.Applicants
must overcome the presumption that the land they are
applying for is part of the public domain and that they
have an interest therein sufficient to warrant registration in
their names arising from an imperfect title. Vicente Yu
Chang and Soledad Yu Chang v. Republic of the
Philippines; G.R. No. 171726.February 23, 2011.
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Article 1670 states that [i]f at the end of the contract the
lessee should continue enjoying the thing leased for
fifteen days with the acquiescence of the lessor, and
unless a notice to the contrary by either party has
previously been given, it is understood that there is an
implied new lease, not for the period of the original
contract, but for the time established in Articles 1682 and
1687. The other terms of the original contract shall be
revived.
Thus, the RTC correctly ruled that Lot No. 1-P rightfully
belongs to the 11 children of Roman, seven from his first
marriage with Flavia and four from his second marriage
with Ceferina, in equal shares. As there was no partition
among Romans children, the lot was owned by them in
common. And inasmuch as Flavia did not successfully
repudiate her sale of her aliquot share to Cresencia, the
transfer stands as valid and effective. Consequently,
what Cresencia sold to petitioner spouses was her own
share and Flavias share in the property that she acquired
by virtue of the notarized deed of sale, which is only 2/11
of Lot No. 1-P. Therefore, the restitution of the property in
excess of that portion by petitioner spouses is clearly
warranted. Sps. Mariano and Emma Bolaos vs. Roscef
Zuga Bernarte, et al., G.R. No. 180997, November 17,
2010.
Special Laws
Special laws
Civil Code
Special laws
Civil Code
This Court does not agree. Under Article 649 of the Civil
Code, it is clear that the law does not provide for a
specific formula for the valuation of the land. Neither does
the same state that the value of the land must be
computed at the time of taking. The only primordial
consideration is that the same should consist of the value
of the land and the amount of damage caused to the
servient estate. Hence, the same is a question of fact
which should be left to the sound discretion of the RTC.
Bicol Agro-Industrial Producers Cooperative, inc. (BAPCI)
vs. Edmundo O. Obias, et al.G.R. No. 172077. October 9,
2009
Property; easement. Easements may be continuous or
discontinuous, apparent or non-apparent.
Special Laws
The rule that all persons must take notice of the facts
which the public record contains is a rule of law. The rule
must be absolute; any variation would lead to endless
confusion and useless litigation. In the present case, since
the mortgage contract was registered, petitioner may not
claim lack of knowledge thereof as a valid defense. The
subsequent sale of the property to petitioners husband
cannot defeat the rights ofPNB as the mortgagee and,
subsequently, the purchaser at the auction sale whose
rights were derived from a prior mortgage validly
registered. Eufemia vda. De Agatep vs. Roberta L.
Rodriguez, et al.,G.R. No. 170540, October 28, 2009.
Civil Law
Other laws
In this case, the juridical act which binds the parties are
the loan and mortgage contracts, i.e., petitioners
procurement of a loan from respondent. Although these
loan and mortgage contracts were concealed and made
to appear as sugar crop loans to make them fall within the
purview of the Rural Banks Act, all the essential requisites
of a contract were present. However, the purpose thereof
is illicit, intended to circumvent the Rural Banks Act
requirement in the procurement of loans. Consequently,
while the parties intended to be bound thereby, the
agreement is void and inexistent under Article 1409 of the
Civil Code.
(c) The two (or more) buyers at odds over the rightful
ownership of the subject matter must each represent
conflicting interests; and
(d) The two (or more) buyers at odds over the rightful
ownership of the subject matter must each have bought
from the very same seller.
This principle does not apply when the party has actual
knowledge of facts and circumstances that would impel a
reasonably cautious man to make such inquiry or when
the purchaser has knowledge of a defect or the lack of
title in his vendor or of sufficient facts to induce a
reasonably prudent man to inquire into the status of the
title of the property in litigation. One who falls within the
exception can neither be denominated an innocent
purchaser for value nor a purchaser in good
faith.Spouses Juanito R. Villamil etc. et al. Vs. Lazaro
Cruz-Villarosa, G.R. No. 177187, April 7, 2009.
Civil Law