Lawyer's Creed

Mind your manners. Tell the truth. Know the law.

Sunday, July 10, 2016

CATHOLIC VICAR APOSTOLIC vs CA G.R. No. 80294-95

CATHOLIC VICAR APOSTOLIC vs CA  [G.R. No. 80294-95; September 21, 1988]  GANCAYCO, J. FACTS: Catholic Vicar of the Mountain Province (Vicar for brevity) filed with the CFI of Baguio, Benguet an application for registration of title for Lots 1,2,3 and 4 of Psu-194357 situated at Poblacion Central, La Trinidad, Benguet. Said lots being the sites of the Catholic Church building, convents, school, etc. Upon learning of the application, the Heirs of Juan Valdez and the Heirs of Emigdio Octaviano filed an Answer/Opposition thereto...

REPUBLIC VS BAGTAS G.R. No. L-17474

REPUBLIC VS BAGTAS  [G.R. No. L-17474  October 25, 1962]  PADILLA, J. FACTS: Jose Bagtas borrowed from the Bureau of Animal Industry three bulls for a period of one year for breeding purposes subject to a government charge of breeding fee of 10% of the book value of the books. Upon the expiration of the contract, Bagtas asked for a renewal for another one year, however, the Secretary of Agriculture and Natural Resources approved only the renewal for one bull and other two bulls be returned. Bagtas then wrote a letter to...

Heirs of Santiago v. Heirs of Calma G.R. 160832

Heirs of Santiago v. Heirs of Calma G.R. 160832 Facts Case Background o    The Governor General granted a homestead patent over a 20.9740-hectare parcel of land located in Tarlac.  On the basis of said patent, an Original Certificate of Title (OCT) was issued by the Register of Deeds. OCT was cancelled by a new TCT. Then, the new TCT was again cancelled by TCT under the names of the heirs of Calma.  o    Fabian Calma died intestate. Lucia Calma was appointed as administratrix of the estate. The...

Gabeto v. Araneta G.R. No. L-15674

Gabeto v. Araneta  [G.R. No. L-15674, October 17, 1921] STREET, J. Facts: Basilio Ilano and Proceso Gayetano took a carromata with a view to going to a cockpit. When the driver of the carromata had turned his horse and started in the direction indicated, the defendant, Agaton Araneta, stepped out into the street, stopped the horse, and at the same time protested to the driver that he himself had called this carromata first.  The driver, Julio Pagnaya, replied that he had not heard or seen the call of Araneta. Pagnaya pulled on...

Bataclan v. Medina G.R. No. L-10126

Bataclan v. Medina  [G.R. No. L-10126, October 22, 1957] MONTEMAYOR, J. Facts: At about 2:00am of September 13, 1952, the bus, operated by its owner defendant Mariano Medina and driven by its regular chauffeur, Conrado Saylon, left the town of Amadeo, Cavite. While on its way to Pasay City, one of the front tires burst and the vehicle began to zig-zag until it fell into a canal or ditch on the right side of the road and turned turtle. Some of the passengers managed to leave the bus but the three passengers seated beside the driver,...

SAURA IMPORT and EXPERT CO., INC., vs DBP

SAURA IMPORT and EXPERT CO., INC., vs DBP  [G.R. No. L-24968, April 27, 1972]  MAKALINTAL, J. FACTS: In July 1952, Saura, Inc., applied to Rehabilitation Finance Corp., now DBP, for an industrial loan of P500,000 to be used for the construction of a factory building, to pay the balance of the jute mill machinery and equipment and as additional working capital.  In Resolution No.145, the loan application was approved to be secured first by mortgage on the factory buildings, the land site, and machinery and equipment to be...

Wednesday, July 6, 2016

Severino v Severino G.R. No. 34642

Severino v Severino  [G.R. No. 34642, September 24, 1931]  STREET, J. FACTS: Melecio Severino upon his death, left considerable properties. To end litigation among heirs, a compromise was effected where defendant Guillermo (son of MS) took over the property of deceased and agreed to pay installment of 100K to plaintiff (wife of MS) payable first in 40K cash upon execution of document in 3 equal installments. Enrique Echauz became guarantor. Upon failure to pay the balance, plaintiff filed and action against the defendant and Echauz....

Castellvi de Higgins & Higgins vs. Sellner

Castellvi de Higgins & Higgins vs. Sellner [G.R. No. L-158025, November 5, 1920] MALCOLM, J. Facts: Sellner (defendant) wrote a letter to Mcleod (Castellvi’s agent) saying that he would bound himself to pay the promissory note of Mining, Clarke and Maye amounting 10K + interest if not fully paid at maturity, upon the surrender 3k shares of Keystone Mining Company.  Plaintiffs contend that he is a surety; defendant contends that he is a guarantor. Plaintiffs also admit that if defendant is a guarantor, articles 1830, 1831, and 1834...

Robert De Galicia vs. Mercado

Robert De Galicia vs. Mercado  G.R. 146744 Facts Case Background ·         Petitioner Robert G. de Galicia was a business partner in RCL Enterprises. He was asked by his partner Carmen Arciaga to co-sign with her a Philbank check for P50,000 payable to cash. ·         Allegedly without his knowledge and consent, Arciaga rediscounted the check with respondent Mely Mercado at 8% interest, thus, only the sum of P46,000 was given. ·         Checks...

Heirs of Santiago v. Heirs of Calma

Heirs of Santiago v. Heirs of Calma G.R. 160832 Facts Case Background o    The Governor General granted a homestead patent over a 20.9740-hectare parcel of land located in Tarlac.  On the basis of said patent, an Original Certificate of Title (OCT) was issued by the Register of Deeds. OCT was cancelled by a new TCT. Then, the new TCT was again cancelled by TCT under the names of the heirs of Calma.  o    Fabian Calma died intestate. Lucia Calma was appointed as administratrix of the estate. The...