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Showing posts with the label Persons and Family Relations

Angeles vs Dizon

Isabel Padilla Y. Angeles vs. Luciano C. Dizon Digest  G.R. No. L-8026             April 20, 1956 MONTEMAYOR,  J. : Facts: ·         Year 1948, Isabel Padilla Y Angeles purchased a parcel of land in Sampaloc, Manila, said to contain an area of 233.9 sq. m., covered by Transfer Certificate of Title No. 12243 for P18,000. ·         That the Parcel of land was resurveyed and was found to only contain 182.9 sq.m. ·         That the plaintiff after finding the values disparity, asked the vendor to either consider the sale void, and for the defendant to return the purchased price of 18,000 and get back the land, or else refund to her about P4,000, the proportionate reduction of the purchase price due to difference in area. ·         That after the first judgment where it rend...

MACALINTAL VS. COMELEC, ROMULO, and BONCODIN,

MACALINTAL , petitioner VS.  COMELEC, ROMULO, and BONCODIN , respondents G.R. No. 157013, July 10, 2003 FACTS: Petitioner Macalintal files a petition for certiorari and prohibition, seeking a declaration that certain provisions of R.A. No. 9189 (The Overseas Absentee Voting Act of 2003) are unconstitutional. The Court upholds petitioner’s right to file the instant petition, stating in essence that the petitioner has seriously and convincingly presented an issue of transcendental significance to the Filipino people, considering that public funds are to be used and appropriated for the implementation of said law.   ARGUMENTS: Petitioner raises three principal questions for contention: (1)   That Section 5(d) of R.A. No. 9189 allowing the registration of voters who are immigrants or permanent residents in other countries, by their mere act of executing an affidavit expressing their intention to return to the Philippines, violates the residency requirement in...

Mansion Biscuit Corp vs CA

MANSION BISCUIT CORPORATION, respresented by its president, ANG CHO HONG, petitioner, vs. COURT OF APPEALS, TY TECK SUAN substituted by his heirs, ROSENDA TY, ELIZABETH TY KOH, EDWARD TY, EDMUND TY, EDGAR TY, EVELYN T. LIM, EDWIN TY and EDISON TY, and SIY GUI, respondents.  G.R. No. 94713 November 23, 1995 FACTS: Sometime in 1981, Ty Teck Suan, as president of Edward Ty Brothers Corporation, ordered numerous canons of nutria-wafer biscuits from Mansion Biscuit Corporation, before the delivery of the goods on November 12, 1981, Ty Teck Suan issued to Ang Cho Hong, president of Mansion Biscuit Corp., four postdated checks totaling P404,980.00 as payment for the nutria-wafer biscuits. Four other postdated checks in the amount of P100,000.00 each were issued by Ty Teck Suan with Siy Gui as Co-signor in December of the same year. Accordingly, Mansion Biscuit Corp. delivered the goods. When the first four checks were deposited, they were all dishonored due to insufficiency of fu...

NMC vs Tecson

National Marketing Corporation, plaintiff-appellant vs. Miguel Tecson, defendant-appellee GR no. L-20131 27 August 1969 Facts: December 21, 1965, National Marketing Corporation filed a complaint, docketed as civil case no. 63701 on the same court, as successor of the Price Stabilization Corporation, against the same defendant from 10 years ago (December 21, 1955, Price Stabilization Corporation vs. Tecson). Defendant Miguel Tecson moved to dismiss the said complaint upon the ground lack of jurisdiction over the subject matter of that and prescription of action. More than ten years have passed a year is a period of 365 days (Art. 13, CCP). Plaintiff forgot that 1960 and 1964 were both leap years so that when this present case was filed it was filed two days too late. The lower court, then, issued an order of dismissal with regards the article 13 of the civil code. Pursuant to Art. 1144(3) of our Civil Code, an action upon a j...

PEOPLE OF THE PHILIPPINES VS. ROGELIO BAYOTAS Y CORDOVA

PEOPLE OF THE PHILIPPINES VS. ROGELIO BAYOTAS Y CORDOVA 236 SCRA 239, September 2, 1994 Facts: Rogelio Bayotas y Cordova, accused-appellant, was charged with rape before Branch 16, RTC Roxas City (Criminal Case No. C-3217). He was convicted on June 19, 1991. Pending appeal of his conviction, Bayotas died on February 4, 1992, at the National Bilibid Hospital due to cardio respiratory arrest secondary to hepatic encephalopathy secondary to hipato carcinoma gastric malingering. The Supreme Court dismissed the criminal aspect of the appeal in a resolution dated May 20, 1992. Issue: Does death of the accused pending appeal of his conviction extinguish his civil liability? Held: 1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, “the death of the accused prior to final judgment terminates his criminal liability and onl...

PNB vs CA & Gueco et al

PHILIPPINE NATIONAL BANK VS. COURT OF APPEALS,RITA GUECO TAPNIO,CECILIO GUECO and THE PHILIPPINE AMERICAN GENERAL INSURANCE COMPANY FACTS: Mrs. Rita Gueco Tapnio was indebted to the Philippine National Bank at San Fernando,Pampanga for the total sum of P2,379.91.  Her indebtedness was a crop loan and was secured by the mortgage on her standing crap including her sugar quota allocation for the agricultural year corresponding to the said standing crop. During agricultural year 1956-1957 Mrs. Tapnio had an excess in her export sugar quota, 1000 piculs which she does not need. Mr. Jacobo Tuazon, a planter harvest less than his sugar quota. Mrs. Tapnio agreed to allow Mr. Tuazon to use her excess sugar quota for the consideration of P2,500.00.  Since the quota of Mrs. Tapnio was mortgaged to the PNB, the contract of lease that Mrs. Tapnio and Mr. Tuazon agreed into had to be approved by the bank. The branch manager required the parties to raise the consideration to P2,800.00 i...

Prudential vs Castro

EN BANC  [A.C. No. 2756, June 05, 1986]  PRUDENTIAL BANK, COMPLAINANT, VS. JUDGE JOSE P. CASTRO AND ATTY. BENJAMIN M. GRECIA, RESPONDENTS.  D E C I S I O N  PER CURIAM: Prudential Bank (Complainant Bank) instituted this administrative case on April 11, 1985, praying this Court to investigate Respondent Judge Jose P. Castro, presiding over Regional Trial Court, National Capital Judicial Region, Branch LXXXV, Quezon City, (Respondent Judge), and Atty. Benjamin M. Grecia (Respondent Grecia), in connection with their actuations in a civil case (the RTC CASE), tried and decided by Respondent Judge and where plaintiff was represented by Respondent Grecia. The RTC CASE was entitled " Macro Textile Mills Corporation, Plaintiff, vs. Prudential Bank & Trust Co., Aka The Prudential Bank and Benjamin Baens del Rosario, Notary Public for Quezon City, Defendants ". Plaintiff in the RTC CASE shall hereinafter be referred to simply as MACRO.  It was the reg...

Case Digest: Republic vs. Imperial

Republic vs. Imperial G.R. No. 130906, February 11, 1999 REPUBLIC OF THE PHILIPPINES represented by the DIRECTOR, LANDS MANAGEMENT BUREAU vs. FELIX S. IMPERIAL JR., FELIZA SREPUBLIC OF THE PHILIPPINES represented by the DIRECTOR, LANDS MANAGEMENT BUREAU vs. FELIX S. IMPERIAL JR., FELIZA S. IMPERIAL, ELIAS S. IMPERIAL, MIRIAM S. IMPERIAL, LOLITA ALCAZAR, SALVADOR ALCAZAR, EANCRA CORPORATION, and the REGISTER OF DEEDS of LEGASPI CITY G.R. No. 130906, February 11, 1999 FACTS: On September 12, 1917, the late Elias Imperial was issued Original Certificate of Title (OCT) 408 (500) pursuant to Decree No. 55173 of then Court of First Instance of Albay. OCT No. 55173 was subdivided and further subdivided resulting in the issuance of several titles, which are now the subjects of herein petition in the name of private respondents. Petitioner Republic of the Philippines filed a case with the trial court to judicially declare the Transfer Certificates of Title (TCT) issued to herein privat...