Case Digest: LIGERALDE V. PATALINGHUG and the REPUBLIC OF THE PHILIPPINES
SILVINO A. LIGERALDE V. MAY ASCENSION A. PATALINGHUG and the REPUBLIC OF THE PHILIPPINES G.R. NO. 168796, [April 15, 2010] DOCTRINE: The root cause of the psychological incapacity must be identified as a psychological illness, its incapacitating nature fully explained and established by the totality of the evidence presented during trial. Private respondent’s act of […]
Criminal Law Update: Rape as Crime Against Person Part 1
Rape, When And How Committed “1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: “a) Through force, threat, or intimidation; “b) When the offended party is deprived of reason or otherwise unconscious; “c) By means of fraudulent machination or grave abuse of authority; and “d) When […]
Case Digest: Rodelas v. Aranza (119 SCRA 16)
Rodelas v. Aranza 119 SCRA 16 FACTS: Rodelas filed a petition with the CFI of Rizal for the probate of the holographic will of Ricardo B. Bonilla and the issuance of letters testamentary in her favor. Aranza, et al. filed a MTD on the grounds of: 1.Rodelas was estopped from claiming that the deceased left […]
Case Digest: Gan v. Yap (104 P 509)
Gan v. Yap 104 P 509 FACTS: Felicidad Yap died of a heart failure, leaving properties in Pulilan, Bulacan, and in Manila. Fausto E. Gan, her nephew, initiated the proceedings in the Manila CFI with a petition for the probate of a holographic will allegedly executed by the deceased. The will was not presented because […]
Case Digest: Labrador v. CA (184 SCRA 170)
Labrador v. CA 184 SCRA 170 FACTS: Melecio died leaving behind a parcel of land to his heirs. However, during probate proceedings, Jesus and Gaudencio filed an opposition on the ground that the will has been extinguished by implication of law alleging that before Melecio’s death, the land was sold to them evidenced by TCT […]
Case Digest: Roxas v. De Jesus (134 SCRA 245)
Roxas v. De Jesus 134 SCRA 245 FACTS: Bibiane Roxas died. Her brother, Simeon Roxas, filed a spec. pro. for partition of the estate of the deceased and also delivered the holographic will of the deceased. Simeon stated that he found a notebook belonging to deceased, which contained a “letter-will” entirely written and signed in […]
Case Digest: Caneda v. CA (222 SCRA 781)
Caneda v. CA 222 SCRA 781 FACTS: On December 5, 1978, Mateo Caballero, a widower without any children and already in the twilight years of his life, executed a last will and testament at his residence before 3 witnesses. He was assisted by his lawyer, Atty. Emilio Lumontad. In the will, it was declared that […]
Case Digest: Alvarado v. Gaviola (226 SCRA 347)
Alvarado v. Gaviola 226 SCRA 347 FACTS: On 5 November 1977, 79-year old Brigido Alvarado executed a notarial will entitled “Huling Habilin” wherein he disinherited an illegitimate son, petitioner Cesar Alvarado, and expressly revoked a previously executed holographic will at the time awaiting probate before the RTC of Laguna. According to Bayani Ma. Rino, private […]
Case Digest: Garcia v. Vasquez (32 SCRA 489)
Garcia v. Vasquez 32 SCRA 489 FACTS: This is a petition for appeal from the CFI of Manila admitting to probate the will of Gliceria Avelino del Rosario (“Gliceria”) executed in 1960. Likewise, this is also an appeal to remove the current administrator, Consuelo Gonzales-Precilla( “Consuelo”) as special administratrix of the estate on the ground […]
Case Digest: Lee v. Tambago (544 SCRA 393)
Lee v. Tambago 544 SCRA 393 FACTS: Complainant, Manuel L. Lee, charged respondent, Atty. Regino B. Tambago, with violation of Notarial Law and the Ethics of the legal profession for notarizing a will that is alleged to be spurious in nature in containing forged signatures of his father, the decedent, Vicente Lee Sr. and two […]
