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Showing posts with the label Persons and Family Relations Law

Case Digest: So v. Republic (G.R. No. 170603)

So v. Republic | G.R. No. 170603 | 29 Jan 2007 | Callejo, Sr. J. | Art IV (Section 1, Par 4) | Petitioners: Edison So Respondents: Republic of the Philippines Recit Ready Summary Herein Petitioner So filed for a Petition for Naturalization under CA No. 473 aka the Revised Naturalization Law.He presented 2 witnesses à fam business lawyer Atty. Adasa & UST classmate Mark Salcedo. RTC granted So’s petition. Respondent Republic of the Phil through OSG said not so fast! Coz SolGen claims na the 2 witnesses So presented did not know him (So) well enough and that they only gave general statements upon being asked about the character and moral conduct of So. CA set aside RTC’s decision. Hence, this present petition. The issue is W/N So qualifies for Philippines Citizenship and the Court said NO. It was wrong for So to claim that that RA 9139 should apply to his case instead of CA No. 473. This is because the latter applied to ALL ALIENS regardless of class while the former applies to nati...
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Case Digest: Republic v. Sali (G.R. No. 206023)

Republic v. Sali | G.R. No. 206023 | Apr. 3, 2017 | Correction of Entry | FACTS Lorena Omapas Sali filed a Verified Petition for Correction of Entry under Rule 108 of the Rules of Court before the RTC.   Petitioner is the daughter of Spouses Vedasto A. Omapas and Almarina A. Albay. Unfortunately, in recording the facts of her birth, the personnel of the Local Civil Registrar of Baybay, Leyte[,] thru inadvertence and mistake[,] erroneously entered in the records the following: Firstly, the first name of the petitioner as "DOROTHY" instead of "LORENA" and Secondly, the date of birth of the petitioner as "June 24, 1968" instead of "April 24, 1968   The petitioner has been using the name "Lorena A. Omapas["] and her date of birth as "April 24, 1968" for as long as she (sic) since she could remember and is known to the community in general as such   [Sali] then prayed for the issuance of an order correcting her first name from ...
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Case Digest: Gloria Dy v. People (G.R. No 189081)

Gloria Dy v. People of the Philippines | G.R. No. 189081 | August 10, 2016 | Topic: Liability ex delicto / ex contractu FACTS: Dy, as the General Manager of Mandy Commodities Company, Inc. (MCCI) proposed to William Mandy (President of MCCI) to purchase a property for the company. To facilitate the purchase, the president obtained a loan from International China Bank of Commerce (bank), which was granted to the company in the amount of P20 million.   As security, MCCI executed a chattel mortgage over their warehouses. The president entrusted Dy to manage the payment of the loan. Later on, MCCI received a notice of foreclosure over the mortgaged property due to its default in paying.   In order to prevent the foreclosure, the president delivered to Dy, P21,706,281 worth of checks issued by MCCI, with the instruction that Dy shall use the checks to pay the loan. However, the president later discovered that the checks weren’t paid to the bank when the bank foreclosed the mortg...
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Case Digest: Maria Dela Fuente v. Rodolfo Dela Fuente (G.R. No 188400)

Maria Dela Fuente v. Rodolfo Dela Fuente | GR. No. 188400 | March 8, 2017  Psychological incapacity | FACTS : Petitioner Maria and Rodolfo met while they were still students at the University of Sto. Tomas. Maria observed that Rodolfo was introvert, prone to jealousy, and did not have any ambition in life because of his insecurity towards his siblings who were successful in their careers.   On June 21, 1984, they got married and eventually had two children During their marriage, Rodolfo’s attitude worsened. He was suspicious of his wife and even resorted to stalking just to confirm if she was having an affair with another man. He even poked a gun to his 15-year old cousin who he suspected was Maria’s lover. Maria also alleged that she was Rodolfo’s sex slave. That they had sex five times a day. Rodolfo would even fetch her from the office during lunch break just to have sex. It bothered her that her husband even suggested to invite another man to share their bed. She aske...
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Case Digest: Romeo F. Ara and William A. Garcia v. Dra. Fely S. Pizarro and Henry Rossi (G.R. No 187273
)

Romeo F. Ara and William A. Garcia v. Dra. Fely S. Pizarro and Henry Rossi | G.R. No. 187273 
 | Feb. 15, 2017 | Filiation FACTS : Petitioners and Respondents all claim to be the children of Josefa A. Ara, who died on November 18, 2012. Petitioners assert that Respondent Pizarro was born to Josefa and her then husband Vincent Salgado.  He died during World War II. Towards the end of the war Jose lived with Darwin Gray, an American soldier, and gave birth to Petitioner Ara. Later, Josefa met Alfredo Garcia, got married, and gave birth to Petitioner William Garcia and Ramon Garcia. After he passed away, Josefa met Frank Rossi and gave birth to Respondent Rossi.   Respondent Pizarro claims that she is the only child of Josefa and has stated that Petitioner Garcia is recorded as a son of Carmen Bucarin and Pedro Garcia as evidenced by a Certificate of Live Birth (June 19, 1950) and Petitioner Ara is recorded as a son of Jose Ara and Maria Flores as evidenced by a Certificate...
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Case Digest: Del Rosario v. Del Rosario (G.R. No 222541)

Del Rosario v. Del Rosario | G.R. No. 222541 | Feb 15, 2017| Topic: Psychological incapacity FACTS: Rachel and Jose are married couples and they have a son named Wesley.  Rachel is an OFW working in Hong Kong as a domestic helper. In September, 2011, Rachel filed a petition for declaration of nullity of marriage before the RTC.  Rachel claims that Jose is psychologically incapacitated to fulfill his essential marital obligations.  In support of her petition, Rachel claimed that Jose was violent, that at the day of their wedding he punched him in the shoulder and that Jose hit his own father when the latter did not pay for the wedding.  Rachel also claims that Jose was having extra marital affairs and that at one point her sister and Wesley caught Jose with a woman. Rachel also presented the testimonies of Wesley, her sister, and the testimony of Dr. Tayag.  Dr. Tayag stated that Jose suffered from Antisocial Personality Disorder (APD) based from the intervie...
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Case Digest: Republic v. Sereno (G.R. No 237428) w/ Summary of Separate Opinions

Republic v. Sereno (including Summary of Separate Opinions) | G.R. No. 237428 | May 11, 2018 | Tijam, J. |  Topic: Art. VIII, Sec 5 (other topics included in the full digest) | SUMMARY:   A petition for quo warranto was filed by the OSG assailing the appointment of CJ Sereno as Chief Justice on the ground that she failed to prove her integrity during the nomination process as she failed to comply with the SALN requirements of the JBC. Several groups and individuals filed Motions for Leave to Intervene, among them Senators De Lima and Trillanes. CJ Sereno filed a Motion to Inhibit against six Justices. The Republic argues that (1) quo warranto is the proper remedy, as the Constitution does not make impeachment the exclusive mode of unseating an impeachable officer; (2) the petition is not time barred as prescription cannot run against the States; and, (3) that, at the time of her appointment, CJ Sereno was not of “proven integrity” she not having filed the required SALNs a...
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Case Digest: Gloria Dy v. People (G.R. No 189081)

Gloria Dy v. People of the Philippines | G.R. No. 189081 | August 10, 2016 | Topic: Liability ex delicto / ex contractu FACTS: Dy, as the General Manager of Mandy Commodities Company, Inc. (MCCI) proposed to William Mandy (President of MCCI) to purchase a property for the company. To facilitate the purchase, the president obtained a loan from International China Bank of Commerce (bank), which was granted to the company in the amount of P20 million.   As security, MCCI executed a chattel mortgage over their warehouses. The president entrusted Dy to manage the payment of the loan. Later on, MCCI received a notice of foreclosure over the mortgaged property due to its default in paying.   In order to prevent the foreclosure, the president delivered to Dy, P21,706,281 worth of checks issued by MCCI, with the instruction that Dy shall use the checks to pay the loan. However, the president later discovered that the checks weren’t paid to the bank when the bank foreclosed the mortg...
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Case Digest: Secretary of National Defense v. Manalo (G.R. No. 180906)

Secretary of National Defense v. Manalo |  G.R. No. 180906 | October 7, 2008 |  Puno. C.J. Doctrine and Concepts: The Writ of Amparo offers a better remedy to extralegal killings and enforced disappearances and threats thereof due to the nature of swiftness required to resolve these cases The remedy provides rapid judicial relief as it partakes of a summary that requires only substantial evidence to make the appropriate reliefs available to the petitioner; it is not an action to determine criminal guilt requiring proof beyond reasonable doubt or liability for damages requiring preponderance of evidence or administrative responsibility requiring full and exhaustive proceedings. Facts The case at bar is an appeal via Petition for Review under Rule 45 of the Rules of Court in relation to Section 19 of the Rule on the Writ of Amparo , seeking to reverse and set aside , the Decision promulgated by Court of Appeals in C.A. G.R. AMPARO No. 00001. The original case was filed by ...
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