Beruflich Dokumente
Kultur Dokumente
2015)
EFFECT AND APPLICATION OF LAWS
There is no irreconcilable conflict or repugnancy between Section 28 of R.A. No.
7279 and P.D. No. 1315 and No. 1472, rather, they can be read together and
harmonized to give effect to their provision. It should be stressed that Section 28 of
R.A. No. 7279 does not totally and absolutely prohibit eviction and demolition
without a judicial order as in fact it provides for exceptions. Pursuant to established
doctrine, the three (3) statutes should be construed in the light of the objective to
be achieved and the evil or mischief to be suppressed by the said laws, and they
should be given such construction as will advance the object, suppress the mischief
and secure the benefits intended. It is worthy to note that the three laws (P.D. No.
1315, P.D. No. 1472 and R.A. No. 7279) have a common objective to address the
housing problems of the country by establishing a comprehensive urban
development and housing program for the homeless. For this reason, the need to
harmonize these laws all the more becomes imperative. - Caridad Magkalas vs.
National Housing Authority, G.R. No. 138823, September 17, 2008
CONFLICT OF LAWS
In an action for enforcement of foreign judgment, the Court has limited review over
the decision rendered by the foreign tribunal. The Philippine courts cannot pass
upon the merits of the case pursuant to the incorporation clause of the Constitution,
unless there is proof of want of jurisdiction, want of notice to the party, collusion,
fraud, or clear mistake of law or fact. - Bank of the Philippine Islands Securities
Corporation vs. Edgardo V. Guevara, G.R. No. 167052, March 11, 2015
HUMAN RELATIONS
UNJUST ENRICHMENT
Expounding on this provision in a recent case, we have held that the principle of
unjust enrichment essentially contemplates payment when there is no duty to pay,
and the person who receives the payment has no right to receive it.
In light of the overpayment, it seems specious for petitioner to claim that it has
suffered damages from respondents refusal to pay its Progress Billing, which had
been proven to be excessive and inaccurate. Bearing in mind the law and
jurisprudence on unjust enrichment, we hold that petitioner is indeed liable to return
what it had received beyond the actual value of the work it had done for
respondent. - R.V. Santos Company, Inc. vs. Belle Corporation, G.R. Nos.
159561-62, October 3, 2012
PERSONS
PSYCHOLOGICAL INCAPACITY
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The accessory follows the principal. The right of accession is recognized under
Article 440 of the Civil Code which states that the ownership of property gives the
right by accession to everything which is produced thereby, or which is incorporated
or attached thereto, either naturally or artificially. - Maria Torbela, represented
by her heirs, Eulogio Tosino, et al. vs. Spouses Andres T. Rosario, et al.,
G.R. No. 140528, December 7, 2011
QUIETING OF TITLE
Vidal filed an action for quieting of title with regard to the land she inherited
from Francisco Cacho. However, Teofilo opposed contended that there is no
title to be disturbed in the first place. The court ruled that this action
indisputably an action for quieting of title, a special proceeding wherein the
court is precisely tasked to determine the rights of the parties as to a
particular parcel of land, so that the complainant and those claiming under
him/her may be forever free from any danger of hostile claim. - Republic of
the Philippines vs. Hon. Mamindiara P. Mangotara, et al., G.R. No. 170375,
July 7, 2010
The Syjucos' title, shows that it originated from OCT No. 994 registered on May 3,
1917 while Bonficacio's title shows that that it likewise originated from OCT No. 994,
but registered on April 19, 1917. This case affirmed the earlier finding that there is
only one OCT No. 994, the registration date of which had already been decisively
settled as 3 May 1917 and not 19 April 1917 and categorically concluded that OCT
No. 994 which reflects the date of 19 April 1917 as its registration date is null and
void. - Imelda Syjuco, et al., vs. Felisa D. Bonifacio and VSD Realty &
Corporation, G.R. No. 148748, January 14, 2015
For an action to quiet title to prosper, two indispensable requisites must concur: (1)
the plaintiff or complainant has a legal or equitable title or interest in the real
property subject of the action; and (2) the deed, claim, encumbrance, or proceeding
claimed to be casting a cloud on his title must be shown to be in fact invalid or
inoperative despite its prima facie appearance of validity or legal efficacy. Herminio M. De Guzman, for himself and as Attorney-In-Fact of Nilo M. De
Guzman, Angelino De Guzman, Josefino M. De Guzman, Estrella M. De
Guzman, Teresita De Guzman, Elsa Margarita M. De Guzman, Evelyn M. De
Guzman, Ma. Nimia M. De Guzman, Antolin M. De Guzman, and Ferdinand
M. De Guzman vs. Tabangao Realty Incorporated, G.R. No. 154262,
February 11, 2015
POSESSION
It is a time-honored legal precept that after the consolidation of titles in the buyers
name, for failure of the mortgagor to redeem, entitlement to a writ of possession
becomes a matter of right. - Viola Cahilig et al., vs. Hon. Eustaquio G.
Terencio et al., G.R. No. 164470, November 28, 2011
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OBLIGATIONS
EXTINGUISHMENT OF OBLIGATIONS
Article 1391 of the Civil Code, which pertinently reads: The action for annulment
shall be brought within four years. In case of mistake or fraud, this period shall
begin from the time of the discovery of the same. - Spouses Renato and Florinda
Dela Cruz vs. Spouses Gil and Leonila Segovia, G.R. No. 149801, June 26,
2008
In general, a payment in order to be effective to discharge an obligation, must be
made to the proper person. Thus, payment must be made to the obligee himself or
to an agent having authority, express or implied, to receive the particular payment.
Hence, absent any showing that the respondent agreed to the payment of the
contract price to another person, or that she authorized Cruz to claim the check on
her behalf, the payment, to be effective must be made to her. - Republic of the
Philippines, represented by the Chief of the Philippine National Police vs.
Thi Thu Thuy T. De Guzman, G.R. No. 175021, June 15, 2011
It is important to note at this point that in the determination of the nullity of a
contract based on the lack of consideration, the debtor has the burden to prove the
same. Article 1354 of the Civil Code provides that "although the cause is not stated
in the contract, it is presumed that it exists and is lawful, unless the debtor proves
the contrary." - Union Bank of the Philippines vs. Spouses Rodolfo T. Tiu
and Victoria N. Tiu, G.R. Nos. 173090-91, September 7, 2011
CONTRACTS
ESSENTIAL REQUISISTES
When there is as of yet no meeting of the minds as to the subject matter or the
cause or consideration of the contract being negotiated, the same cannot be
considered to have been perfected. - MCA-MBF Countdown Cards Philippines
Inc., Amable R. Aguiluz V, Amable C. Aguiluz IX, Cielo C. Aguiluz, Alberto
L. Buenviaje, Vicente Acsay and MCA Holdings and Management
Corporation vs. MBf Card International Limited and MBf Discount Card
Limited, G.R. No. 173586, March 14, 2012
KINDS OF CONTRACTS
SALVADOR A. FERNANDEZ vs. CRISTINA D. AMAGNA
G.R. No. 152614, September 30, 2009, J. Leonardo-De Castro
When the contract of lease does not provide for a definite period for its
duration, the lease shall be considered month to month if the rentals are paid on a
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The general rule is that he who alleges fraud or mistake in a transaction must
substantiate his allegation as the presumption is that a person takes ordinary care
for his concerns and that private dealings have been entered into fairly and
regularly." One who alleges defect or lack of valid consent to a contract by reason of
fraud or undue influence must establish by full, clear and convincing evidence such
specific acts that vitiated a partys consent, otherwise, the latters presumed
consent to the contract prevails. - Fontana Resort and Country Club, Inc. and
RN Development Corp. vs. Spouses Roy S. Tan and Susan C. Tan, G.R. No.
154670, January 30, 2012
SALES
EXTINGUISHMENT OF SALE
The alleged nullity of the deed of conditional sale because the period of redemption
had expired is wrong. The right of legal redemption must be exercised within
specified time limits. However, the statutory period of redemption can be extended
by agreement of the parties. Allowing a redemption after the lapse of the statutory
period, when the buyer at the foreclosure does not object but even consents to the
redemption, will uphold the policy of the law recognized in such cases as Javellana
v. Mirasol and Nuez, and in the more recent case of Tibajia, et al. v. Honorable
Court of Appeals, et al., which is to aid rather than defeat the right of redemption. Republic of the Philippines vs. Marawi-Marantao General Hospital Inc, and
Atty. Macapanton K. Mangodadatu, G.R. No. 158920, November 28, 2012
PARTNERSHIP
There is a co-ownership when an undivided thing or right belongs to different
persons. It is a partnership when two or more persons bind themselves to contribute
money, property, or industry to a common fund, with the intention of dividing the
profits among themselves. A partner is entitled only to his share as agreed upon, or
in the absence of any such stipulations, then to his share in proportion to his
contribution to the partnership. - Federico Jarantilla, Jr. vs. Antonieta
Jarantilla, Buenaventura Remotigue, substituted by Cynthia Remotigue,
Doroteo Jarantilla and Tomas Jarantilla, G.R. No. 154486, December 1,
2010
AGENCY
Our law mandates an agent to act within the scope of his authority. The scope of an
agents authority is what appears in the written terms of the power of attorney
granted upon him. Under Article 1878(11) of the Civil Code, a special power of
attorney is necessary to obligate the principal as a guarantor or surety. In the case
at bar, the principal could be held liable even if the agent exceeded the scope of his
authority only if the agents act of issuing the Surety Bond is deemed to have been
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