Civil Law

CASE DIGEST: Opulencia v. CA

Opulencia v. CA G.R. No. 125835, July 30, 1998 Aladin Simundac and Miguel Oliven alleged that Natalia Carpena Opulencia executed in their favor a “CONTRACT TO SELL” of a lot in Sta. Rosa, Laguna at P150.00 per square meters. Plaintiffs paid a downpayment of P300,000.00 but defendant, despite demands, failed to comply with her obligations […]

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CASE DIGEST: Dela Merced v. Dela Merced

Dela Merced v. Dela Merced G.R. No. 126707, February 25, 1999 On 23 March 1987, Evarista Dela Merced died intestate, without issue. She was survived by three sets of heirs: (1) Francisco Dela Merced, her legitimate brother; (2) Teresita Rupisan, her niece who is the only daughter of Rosa Dela Merced, a sister who died […]

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CASE DIGEST: Balus v. Balus

Balus v. Balus G.R. No. 168970, January 15, 2010 Petitioner Celestino and respondents Saturnino and Leonarda are the children of the spouses Rufo and Sebastiana Balus. Sebastiana died on 6 September 1978. In 1979, Rufo mortgaged a parcel of land as security for a loan obtained from a bank. When Rufo failed to pay the […]

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CASE DIGEST: Pasco v. Heirs of De Guzman

Pasco v. Heirs of De Guzman G.R. No. 165554, July 26, 2010 Petitioners Lazaro and Lauro Pasco obtained a loan from Filomena de Guzman in the amount of P140,000.00, which was secured by a chattel mortgage over Lauro’s Isuzu Jeep. Upon Filomena’s death, her heirs sought to collect the proceeds of the loan from petitioners […]

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CASE DIGEST: Vitug v. CA

Vitug v. CA G.R. No. 82027, March 29, 1990 Spouses Dolores and Romarico Vitug entered into a survivorship agreement with the Bank of American National Trust and Savings Association. The said agreement contained the following stipulations: (1) All money deposited and to be deposited with the Bank in their joint savings current account shall be […]

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CASE DIGEST: Reyes v. Mosqueda

Reyes v. Mosqueda G.R. No. L-45262 July 23, 1990 In 1966, Dr. Emilio Pascual executed a Deed of Donation denominated as “Donation Mortis Causa” in favour of his sister Ursula covering several parcels of land. Pertinent stipulations in the said deed are as follows: (1) That the donation was made by the Donor out of […]

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CASE DIGEST: HEIRS OF JUAN BONSATO and FELIPE BONSATO v. COURT OF APPEALS

HEIRS OF JUAN BONSATO and FELIPE BONSATO v. COURT OF APPEALS G.R. No. L-6600 July 30, 1954 The case was initiated on June 27, 1945, by respondents Josefa Utea and other heirs of Domingo Bonsato and his wife Andrea Nacario, both deceased. Their complaint (for annulment and damages) charged that on the first day of […]

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CASE DIGEST: AUSTRIA-MAGAT v. HON. COURT OF APPEALS

AUSTRIA-MAGAT v. HON. COURT OF APPEALS G.R. No. 106755 February 1, 2002 Basilisa Comerciante is a mother of five (5) children, namely, Rosario Austria, Consolacion Austria, herein petitioner Apolinaria Austria-Magat, Leonardo(deceased), and one of herein respondents, Florentino Lumubos. In 1953, Basilisa bought a parcel of residential land together with the improvement thereon covered and described […]

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CASE DIGEST: MAGLASANG v. THE HEIRS OF CORAZON CABATINGAN

MAGLASANG v. THE HEIRS OF CORAZON CABATINGAN G.R. No. 131953 June 5, 2002 On February 17, 1992, Conchita Cabatingan executed in favor of her brother, petitioner Nicolas Cabatingan, a “Deed of Conditional of Donation Inter Vivos for House and Lot” covering one-half (½) portion of the former’s house and lot. Four (4) other deeds of […]

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CASE DIGEST: DEL ROSARIO v. FERRER

DEL ROSARIO v. FERRER G.R. No. 187056 September 20, 2010 On August 27, 1968 the spouses Leopoldo and Guadalupe Gonzales executed a document entitled “DonationMortis Causa” in favor of their two children, Asuncion and Emiliano, and their granddaughter, Jarabini (daughter of their predeceased son, Zoilo) covering the spouses’ 126-square meter lot and the house on […]

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