SUMMARY OF DOCTRINES

PERSONS AND FAMILY RELATIONS

MARRIAGES
Decree of Divorce

Merope Enriquez Vda. de The Supreme Court had already ruled that under the principles of
Catalan v. Louella comity, our jurisdiction recognizes a valid divorce obtained by a spouse
Catalan-Lee of foreign nationality.
G.R. No. 183622
February 8, 2012

MARRIAGES
Declaration of Presumptive Death

Republic of the The belief of the present spouse must be the result of proper and
Philippines, v. Yolanda honest to goodness inquiries and efforts to ascertain the whereabouts of
Cadacio Granada the absent spouse and whether the absent spouse is still alive or is
G.R. No. 187512 already dead. Whether or not the spouse present acted on a well-
June 13, 2012 founded belief of death of the absent spouse depends upon the
inquiries to be drawn from a great many circumstances occurring before
and after the disappearance of the absent spouse and the nature and
extent of the inquiries made by present spouse.

VOID MARRIAGES
Bigamous Marriage

Merlinda Cipriano The elements of the crime of bigamy are: (a) the offender has been
Montañes v. Lourdes legally married; (b) the marriage has not been legally dissolved or, in
Tajolosa Ciprian case his or her spouse is absent, the absent spouse could not yet be
G.R. No. 181089 presumed dead according to the Civil Code; (c) that he contracts a
October 22,2012 second or subsequent marriage; and (d) the second or subsequent
marriage has all the essential requisites for validity. The felony is
consummated on the celebration of the second marriage or subsequent
marriage.

ANNULMENT OF MARRIAGE
Psychological Incapacity

Arabelle J. Mendoza v. Even if the expert opinions of psychologists are not conditions sine qua
Republic of the non in the granting of petitions for declaration of nullity of marriage, the
Philippines and Dominic actual medical examination of Dominica was to be dispensed with only if
Mendoza the totality of evidence presented was enough to support a finding of his
G.R. No. 157649 psychological incapacity. This did not mean that the presentation of any
November 12, 2012 form of medical or psychological evidence to show the psychological
incapacity would have automatically ensured the granting of the petition
for declaration of nullity of marriage.

Republic of the The Court has declared the existence or absence of the psychological
Philippines v. Court of incapacity based strictly on the facts of each case and not on a priori
Appeals assumptions, predilections or generalizations. Indeed, the incapacity
G.R. No. 159594 should be established by the totality of evidence presented during trial,
November 12, 2012 making it incumbent upon the petitioner to sufficiently prove the
existence of the psychological incapacity.

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PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Exclusive Property of Spouse

Antonia R. Dela Peña, et
al. v. Gemma Remilyn C.
Avila and Far East Bank
& Trust Co.
G.R. No. 187490
February 8, 2012
The phrase “married to” is merely descriptive of the civil status of the
wife and cannot be interpreted to mean that the husband is also a
registered owner. “Since there is no showing as to when the property in
question was acquired, the fact that the title is in the name of the wife
alone is determinative of its nature as paraphernal, i.e., belonging
exclusively to said spouse.”

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Criminal Indemnities

Pana v. Heirs of Jose
Juanite, Sr.
G.R. No. 164201
December 10, 2012
Contrary to Efren’s contention, Article 121 allows payment of the
criminal indemnities imposed on his wife, Melecia, out of the partnership
assets even before these are liquidated. Indeed, it states that such
indemnities “may be enforced against the partnership assets after the
responsibilities enumerated in the preceding article have been covered.”

PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

When no Agreement in the Marriage Settlement

Brigido B. Quiao, v. Rita
C. Quiao, Kitchie C.
Quiao, Lotis C. Quiao,
Petchie C. Quiao, Rita
Quiao
G.R. No. 176556
July 4, 2012
At the time of the exchange of marital vows, the operative law was the
Civil Code of the Philippines (R.A. No. 386) and since they did not agree
on a marriage settlement, the property relations between the petitioner
and the respondent is the system of relative community or conjugal
partnership of gains.

SUPPORT
Establishment of Filiation

Charles Gotardo v. There are four significant procedural aspects of a traditional paternity
Divina Buling action that parties have to face: a prima facie case, affirmative
G.R. No. 165166 defenses, presumption of legitimacy, and physical resemblance
August 15, 2012 between the putative father and the child.

PARENTAL AUTHORITY
Guardianship

Abad v. Biason It is a well-established rule that the relationship of guardian and ward is
G.R. No. 191993 necessarily terminated by the death of either the guardian or the ward.
July 5, 2012 The supervening event of death rendered it pointless to delve into the
propriety of Biason’s appointment since the juridical tie between him and
Maura has already been dissolved.

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PRESCRIPTION
Application to Registered Land
Rogelio J. Jakosalem
and Godofredo B. Dulfo
v. Roberto S. Barangan
G.R. No. 175025
February 15, 2012
POSSESSION
Accion Publiciana
Tolentino et al. v. Laurel
et al.
G.R. No. 181368
February 22, 2012
VSD Realty &
Development
Corporation v. Uniwide
Sales, Inc. and Dolores
Baello Tejada
G.R. No. 170677
October 24, 2012
OWNERSHIP
Accion Reivindicatoria
Leonardo Notarte,
Guillermo Notarte,
Regalado Notarte and
Heirs of Felipe Notarte v.
Godofredo Notarte
G.R. No. 180614
August 29, 2012
OWNERSHIP
Prima Facie Proof
Abelgas, Jr. v. Comia
G.R. no. 163125
April 18, 2012
SUMMARY OF DOCTRINES
PROPERTY
Jurisprudence consistently holds that "prescription and laches can not
apply to registered land covered by the Torrens system" because "under
the Property Registration Decree, no title to registered land in
derogation to that of the registered owner shall be acquired by
prescription or adverse possession."
It is a rule that a certificate of title cannot be the subject of collateral
attack. As provided in Section 48 of Presidential Decree No. 1529 it
cannot be altered, modified, or canceled, except in a direct proceeding
in accordance with law.
The recovery of possession of the subject property does not depend on
proving whether or not the respondent’s title was spurious because
based on its technical description, it does not cover the same subject
property. Article 434 of the Civil Code provides that in an action to
recover, it is required for the person who claims a better right to prove
the identity of the property claimed and his title to it.
In an accion reivindicatoria, the plaintiff claiming to have a better right
must first fix the identity of the land he is claiming by describing its
location, area and boundaries. The claimant should also claim a right of
ownership only over the parcel of land that was the object of the deed.
The private ownership of land – as when there is a prima facie proof of
ownership like a duly registered possessory information or a clear
showing of open, continuous, exclusive, and notorious possession – is
not affected by the issuance of a free patent over the same land.
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EASEMENT
Continuous and Apparent Easement

Liwag v. Happy Glen The Civil Code provides that continuous and apparent easements are
Loop Home Owners acquired either by virtue of a title or by prescription of 10 years.
Association, Inc.
G.R. No. 189775
July 04, 2012

EASEMENT
Right of Way

Spouses Jesus L. The owner should be compensated for the monetary equivalent of the
Cabahug and land since the easement was intended to perpetually or indefinitely
Coronacion M. Cabahug deprive the owner of his proprietary rights through the imposition of the
v. National Power conditions which affect the ordinary use, free enjoyment and disposal of
Corporation the property or as on this case, when the introduction of structures or
G.R. No. 186069 objects which by their nature, create or increase the probability of injury,
January 30, 2013 death upon or destruction of life and property found on the land is
necessary.

ACCRETION
Elements of Accretion

Republic of the In order for the deposit of soil to be considered accretion, it must be: (1)
Philippines v. Arcadio gradual and imprescriptible; (b) made through the effects of the current
Ivan A. Santos III and of the water; and (c) taking place on land adjacent to the banks of rivers.
Arcadio C. Santos, Jr.
G.R. No. 160453
November 12, 2012

UNLAWFUL DETAINER
Authority of MTC to Interpret Contracts

Union Bank of the In an action for unlawful detainer where the resolution of the issue of
Philippines v. Maunlad possession depends upon the determination of the validity and
Homes Inc., and all other interpretation of the contract or document of title on which the claim of
persons or entities possession is premised, the Metropolitan Trial Court may pass upon
claiming rights under it such issues.
G.R. No. 190071
August 15, 2012

UNLAWFUL DETAINER
When Possession Becomes Illegal

Fiorello R. Jose v. The defendant’s possession became illegal when the plaintiff demanded
Roberto Alfuerto, the defendant to vacate the property due to the expiration or termination
Ernesto Bacay, of his right to possess the same under their contract and the latter
Iluminado Bacay, et. al., refused to heed such demand. The Court of Appeals correctly ruled that
G.R. No. 169380 the proper action was an action for forcible entry because the
November 26, 2012 respondent’s possession was not by the petitioner or his lessor’s
tolerance.

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FORCIBLE ENTRY
Real Party in Interest

Velriana Villondo v. The petitioner is a real party in interest. For a court to resolve a forcible
Carmen Quijano, Adriano entry case, prior physical possession of the property and deprivation by
Alcantara and Marcelino means of force, stealth, strategy or intimidation must be proved.
Ebena “Possession” as referred to in forcible entry refers to physical
G.R. No. 173606 possession or possession de facto only and not legal possession.
December 3, 2012

FORCIBLE ENTRY
Kind of Possession Required

Nenita Quality Foods Possession in an action for forcible entry refers only to possession de
Corporation v. facto or actual or material possession and not possession flowing out of
Crisostomo Galabo, ownership. Title is not an issue and its absence is not a ground for the
Adelaida Ga;labo, courts to withhold relied from the parties in an ejectment case.
Zenaida Galabo-
Almacbar
G.R. No. 174191
January 30, 2013

EJECTMENT SUIT
Tenancy Relationship

Antioquia Development In order to establish tenancy relationship, RA 1199 requires that the
Corporation and Jamaica following must concur: (1) the parties are the landowner and the tenant;
Realty & Marketing (2) the subject is agricultural land; (3) there is consent; (4) the purpose
Corporation v. Benhamin is agricultural production; (5) there is personal cultivation; and (6) there
Rahacal, Eulalia Alejo, is sharing of harvests. Once the tenancy relationship has been
Teresita Alejo, et. al. established, they are entitled to security of tenure and cannot be ejected
G.R. No. 14883 by the landlord.
September 5, 2012

WATER CODE OF THE PHILIPPINES

Water Rights

Initiatives for Dialogue Water rights as defined in the Water Code pertain to the privilege
and Empowerment granted by the government to appropriate and use water. Under the
through Alternative Water Code concept of appropriation, a foreign company cannot be
Legal Services Inc., et considered as “appropriating” the natural resources if it utilizes the
al., v. Power Sector waters collected in the dam and converts the same into electricity
Assests and Liabilities through artificial devices.
(PSALM), et al.
G.R. No. 192088
October 9, 2012

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INHERITANCE
Property Rights and Obligations
Republic vs. Ma. Imelda
"Imee" R. Marcos-
Manotoc, et.al, etc.
G. R. No. 171701
February 8, 2012
LETTERS OF ADMINISTRATION
Order of Preference
Emilio A.M. Suntay III vs.
Isabel Cojuangco-Suntay
G.R. No. 183053
October 10, 2012
OBLIGATIONS AND CONTRACTS
RECIPROCAL OBLIGATIONS
Fulfillment Thereof
Subic Bay Metropolitan
Authority v. Honorable
Court of Appeals and
Subic International Hotel
Corporation
G.R. No. 192885
July 4, 2012
Robert Pascua v. G & G
Real TV Corporation
G.R. No. 196383
October 15, 2012
EXTINGUISHMENT OF OBLIGATION
Dation in Payment
Tan Shuy v. Maulawin
G.R. No. 190375
February 8, 2012
San Beda College of Law
WILLS AND SUCCESSION
The property rights and obligations to the extent of the value of the
inheritance of a person are transmitted to another through the
decedent’s death. In this concept, nothing prevents the heirs from
exercising their right to transfer or dispose of the properties that
constitute their legitimes, even absent their declaration or absent the
partition or the distribution of the estate.
The paramount consideration in the appointment of an administrator
over the estate of a decedent is the prospective administrator’s interest
in the estate. The rationale behind the rule is that those who will reap
the benefit of a wise, speedy and economical administration of the
estate, or, in the alternative, suffer the consequences of waste,
improvidence or mismanagement, have the highest interest and most
influential motive to administer the estate correctly.
Reciprocal obligations are those which arise from the same cause, and
in which each party is a debtor and a creditor of the other, such that the
obligation of one is dependent upon the obligation of the other. They are
to be performed simultaneously such that the performance of one is
conditioned upon the simultaneous fulfillment of the other.
A construction contract necessarily involves reciprocal obligations, as it
imposes upon the contractor the obligation to build the structure subject
of the contract, and upon the owner the obligation to pay for the project
upon its completion.
Dation in payment extinguishes the obligation to the extent of the value
of the thing delivered, either as agreed upon by the parties or as may be
proved, unless the parties by agreement – express or implied, or by
their silence – consider the thing as equivalent to the obligation, in
which case the obligation is totally extinguished.
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EXTINGUISHMENT OF OBLIGATION
Legal Compensation

Mondragon Personal Legal compensation requires the concurrence of the following

Sales Inc., v. Victoriano conditions: (1) That each one of the obligors be bound principally, and
S. Sola Jr. that he be at the same time a principal creditor of the other; (2) That
G.R. No. 174882 both debts consist in a sum of money, or if the things due are
January 21, 2013 consumable, they be of the same kind, and also of the same quality if
the latter has been stated; (3) That the two debts be due; (4) That they
be liquidated and demandable; (5) That over neither of them there be
any retention or controversy, commenced by third persons and
communicated in due time to the debtor.

Marietta N. Portillo v. The "Goodwill Clause" or the "Non-Compete Clause" is a contractual

Rudolf Lietz Inc., Rudolf undertaking effective after the cessation of the employment relationship
Lietz and Court of between the parties. In accordance with jurisprudence, breach of the
Appeals undertaking is a civil law dispute, not a labor law case.
G.R. No. 196539
October 10, 2012

EXTINGUISHMENT OF OBLIGATION
Novation

Heirs or Servando The new obligation extinguishes the prior agreement only when the
Franco v. Spouses substitution is unequivocally declared, or the old and the new
Veronica and Danilo obligations are incompatible on every point. In the absence of the
Gonzales express agreement, the old and the new obligations must be
G.R. No. 159709 incompatible on every point.
June 27, 2012

BREACH OF CONTRACT
Rights Arising from Perfected Contract of Employment

CF Sharp v. Pioneer The commencement of an employer-employee relationship must be

Insurance treated separately from the perfection of an employment contract.
G.R. No. 179469 Despite the fact that the employer-employee relationship has not
February 15, 2012 commenced due to the failure to deploy respondents in this case,
respondents are entitled to rights arising from the perfected Contract of
Employment, such as the right to demand performance by C.F. Sharp of
its obligation under the contract.

CONTRACT
Suretyship

Philippines Charter A contract of suretyship is an agreement whereby a party, called the

Insurance Corporation surety, guarantees the performance by another party, called the
vs. Petroleum principal or obligor, of an obligation or undertaking in favor of another
Distributors and Service party, called the obligee. Although the contract of a surety is secondary
Corporation only to a valid principal obligation, the surety becomes liable for the debt
G.R. No. 180898 or duty of another although it possesses no direct or personal interest
April 18, 2012 over the obligations nor does it receive any benefit therefrom.

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CONTRACT
Validity of Stipulation
Goldloop Properties Inc.,
v. Government Service
Insurance System
G.R. No. 171076
August 1, 2012
P.L. Uy Realty
Corporation vs. ALS
Management and
Development
Corporation and Antonio
S. Litonjua
G.R. No. 166462
October 24, 2012
CONTRACT
Requisites to Characterize a Contract as Entered into upon Future Inheritance
Milagros De Belen Vda.
De Cabalu et al. V. Sps.
Renato Tabu and Dolores
Laxamana
G.R. No. 188417
September 24, 2012
CONTRACT
Form of Contract
Lagrimas de Jesus
Zamora v. Sps. Beatriz
Zamora Hidalgo Miranda
and Arturo Miranda et. al.
G.R. No. 162930
December 5, 2012
CONTRACT
Stipulation in Favor of a Third Person
Sps. Benjamin Mamaril v.
The Boy Scout of the
Philippines
G.R. No. 179382
January 14, 2013
San Beda College of Law
Parties may validly stipulate the unilateral rescission of a contract.
Under Section 2.4 of the MOA, one of the grounds under which GSIS
may validly rescind the MOA is if at any given time, Goldloop abandons
the construction or otherwise commit any breach of its obligations and
commitments thereunder.
Art. 1306 of the Civil Code guarantees the freedom of parties to
stipulate the terms of their contract provided that they are not contrary to
law, morals, good customs, public order, or public policy. Thus, when the
provisions of a contract are valid, the parties are bound by such terms
under the principle that a contract is the law between the parties.
Paragraph 2 of Article 1347, characterizes a contract entered into upon
future inheritance as void. The law applies when the following requisites
concur: (1) the succession has not yet been opened; (2) the object of
the contract forms part of the inheritance; and (3) the promissor has,
with respect to the object, an expectancy of a right which is purely
hereditary in nature.
Article 1358 of the Civil Code provides that acts and contracts which
have for their object the transmission of real rights over immovable
property or the sale of real property must appear in a public document.
If the law requires a document or other special form, the contracting
parties may compel each other to observe that form, once the contract
has been perfected.
If a contract should contain some stipulation in favor of a third person,
he may demand its fulfillment provided he communicated his
acceptance to the obligor before its revocation. A mere incidental benefit
or interest of a person is not sufficient.
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 SUMMARY OF DOCTRINES

CONTRACT
Perfection of Contract

Heirs of Fausto C. The acceptance must be identical in all respects with that of the offer so
Ignacio v. Home Bankers as to produce consent or meeting of the minds. Where a party sets a
Savings and Trust different purchase price than the amount of the offer, such acceptance
Company was qualified which can be at most considered as a counter-offer; a
G.R. No. 177783 perfected contract would have arisen only if the other party had
January 23, 2013 accepted this counteroffer.

SIMULATED CONTRACT
Binding Effect and Enforceability

Villaceran v. De Guzman If the parties state a false cause in the contract to conceal their real
G.R. No. 169055 agreement, the contract is only relatively simulated and the parties are
February 22, 2012 still bound by their real agreement. Hence, where the essential
requisites of a contract are present and the simulation refers only to the
content or terms of the contract, the agreement is absolutely binding
and enforceable between the parties and their successors in interest.

RESCISSIBLE CONTRACTS
Requisites in Cases of Things under Litigation

Ada v. Florante Baylon The rescission of a contract under Article 1381(4) of the Civil Code only
G.R. No. 182435 requires the concurrence of the following: first, the defendant, during the
August 13, 2012 pendency of the case, enters into a contract which refers to the thing
subject of litigation; and second, the said contract was entered into
without the knowledge and approval of the litigants or of a competent
judicial authority. As long as the foregoing requisites concur, it becomes
the duty of the court to order the rescission of the said contract.

VOID CONTRACTS
Effect of Services Rendered

DPWH v. Quiwa It should be pointed out that there is no novelty regarding the question
G.R. No. 183444, October of satisfying a claim for construction contracts entered into by the
12, 2011 government, where there was no appropriation and where the contracts
were considered void due to technical reasons. It has been settled in
several cases that payment for services done on account of the
government, but based on a void contract, cannot be avoided.

PRESCRIPTION
Interruption of Period of Prescription

Magdiwang Realty The ten (10)-year prescriptive period to file an action based on the
Corporation v. The subject promissory notes was interrupted by the several letters
Manila Banking exchanged between the parties. This is in conformity with the second
Corporation and third circumstances under Article 1155 of the New Civil Code (NCC)
G.R. No. 195592 which provides that the prescription of actions is interrupted when: (1)

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September 5, 2012 they are filed before the court; (2) there is a written extrajudicial demand
by the creditors; and (3) there is any written acknowledgment of the
debt by the debtor.

NGEI Multi-purpose Whatever procedural defects that may have attended the final execution
Cooperative Inc., and of the addendum, these are considered waived and/or impliedly
Hernancito Ronquillo v. accepted or consented to by Complainants when its General assembly
Filipinas Palmoil ratified its execution and lived with for the next four (4) years.
Plantation Inc., and
Dennis Villareal Obligations arising from contracts have the force of law between the
G.R. No. 184950, October contracting parties and should be complied with in good faith. Unless
11, 2012 the stipulations in a contract are contrary to law, morals, good customs,
public order or public policy, the same are binding as between the
parties.

LACHES
Definition

Metrobank v. Centro Laches is defined as the failure or neglect for an unreasonable and
Development unexplained length of time to do that which, by exercising due diligence,
Corporation could or should have been done earlier; it is negligence or omission to
G.R. No. 180974 assert a right within a reasonable time, warranting a presumption that
June 13, 2012 the party entitled to assert it either has abandoned it or declined to
assert it.

LACHES
Elements

Jack Arroyo v. Bocago The following elements must be present in order to constitute laches:
Inland Development (1) Conduct on the part of the defendant, or of one under whom he
Corp., (BIDECO) claims, giving rise to the situation of which complaint is made for which
GR. No. 167880 the complaint seeks a remedy; (2) delay in asserting the complainant’s
November 4, 2012 rights, the complainant having had knowledge or notice, of the
defendant’s conduct and having been afforded an opportunity to institute
a suit; (3) lack of knowledge or notice on the part of the defendant that
the complainant would assert the right on which he bases his suit; and
(4) injury or prejudice to the defendant in the event relief is accorded to
the complainant, or the suit is not held to be barred.

SALES AND LEASE

DOUBLE SALE
Subdivision Agreements

Ruperta Cano Vda. De Under Article 1544, for double sale to occur, the two (or more) sales
Viray and Jesus Carlo transactions must constitute valid sales. In this case, there is no valid
Gerard Viray v. Spouses sale from Mendoza to respondent-spouses Usi.
Jose Usi and Amelita Usi
G.R. No. 192486
November 21, 2012

CONTRACT TO SELL

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 SUMMARY OF DOCTRINES

Cancellation/Rescission

Planters Development Under RA No. 6552, in addition to the notarial act of rescission, the
Bank v. Julie Chandumal seller is required to refund to the buyer the cash surrender value of the
G.R. No. 195619 payments on the property. The actual cancellation of the contract can
September 5, 2012 only be deemed to take place upon the expiry of a thirty (30)-day period
following the receipt by the buyer of the notice of cancellation or
demand for rescission by a notarial act and the full payment of the cash
surrender value.

Communities Cagayan, Before a contract to sell can be validly and effectively cancelled, the
Inc. v. Spouses Arsenio seller has (1) to send a notarized notice of cancellation to the buyer and
(Deceased) and Angeles (2) to refund the cash surrender value. Until and unless the seller
Nanol and Anybody complies with these twin mandatory requirements, the contract to sell
Claiming Rights Under between the parties remains valid and subsisting.
Them
G.R. No 176791
November 14, 2012

CONTRACT TO SELL
Transfer of Ownership

Republic v. Marawi- The alleged nullity of the conditional sale because the period of
Marantao General redemption had expired is wrong. When the SSC approved the proposal
Hospital, Inc. and Atty. of Mangondato to redeem/repurchase the property, it is deemed to have
Macapanton K. waived, or even agreed to extend, the original limited period of
Mangondato redemption.
G.R. No. 158920
November 28, 2012

PAYMENT
Presumption when in Possession of Deed of Sale

Metropolitan Bank and Since the conditional sale contained an undertaking that the balance will
Trust Company v. have to be paid in installments, then it could be assumed that the
Servando Arguelles et. installments were paid since the Trinidads were found in possession of
al. a deed of sale. The Arguelleses even gave up possession of their
G.R. 176984 owner’s duplicate copy of the title in favor of the latter.
August 29, 2012

MORTGAGE
Foreclosure Sale

Juanita Ermitaño, Under Act No. 3135, the purchaser in a foreclosure sale has, during the
represented by her redemption period, only an inchoate right and not an absolute right to
Attorney-in-fact, Isabelo the property with all the accompanying incidents. He only becomes an
Ermitaño v. Lailanie M. absolute owner of the property if it is not redeemed during the period of
Paglas redemption.
G.R. No. 174436
January 23, 2013

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REDEMPTION
Written Notice in the Exercise of Right of Redemption
Spouses Roman A.
Pascual and Mercedita R.
Pascual, et.a l., v.
Spouses Antonio
Ballesteros and Lorenza
Melchor-Ballesteros
G.R. No. 186269
February 15, 2012
CONTRACT OF LEASE
Expiration
Optima Realty
Corporation v. Hertz Phil.
Exclusive Cars, Inc.
G.R. No. 183035
January 9, 2013
CONTRACT OF LEASE
Requisites for Implied New Lease
Viegele Samelo,
represented by Attorney-
in-Fact Cristina Samelo
v. Manotok Services,
Inc., allegedly
represented by Perpetua
Bocanegra (deceased)
G.R. No. 170509
June 27, 2012
PARTNERSHIP, AGENCY AND TRUST
AGENCY
Compromise Agreement
Moldex Realty, Inc. v.
Villabona
G.R. No. 175123
July 4, 2012
San Beda College of Law
The Court in the case of Barcellano v. Bañas (citing the case of
Conejero v. Court of Appeals) discussed the indispensability of a written
notice: mere actual knowledge of the sale, acquired in some other
manner by the redemptioner, does not satisfy the statute. The written
notice was obviously exacted by the Code to remove all uncertainty as
to the sale, its terms and its validity, and to quiet any doubts that the
alienation is not definitive.
Under the Civil Code, the expiry of the period agreed upon by the
parties is a ground for judicial ejectment; hence, because the lessee
failed to renegotiate a new term within the time agreed upon by the
parties, the contract of lease is deemed terminated by February of 2006.
An implied new lease or tacita reconduccion will set in when the
following requisites are found to exist: a) the term of the original contract
of lease has expired; b) the lessor has not given the lessee a notice to
vacate; and c) the lessee continued enjoying the thing leased for fifteen
days with the acquiescence of the lessor.
It must be emphasized that, in this jurisdiction, a compromise
agreement is highly encouraged as provided under the Civil Code.
Furthermore, upon failure of the parties to present an amicable
settlement, what the trial court should have done was to continue the
trial by resolving respondents' Motion for Reconsideration and allowing
petitioners to present their evidence in chief.
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 SUMMARY OF DOCTRINES

AGENCY
Payment of Commission

Tan v. Heirs of Antonio A plain reading of the Authority to Look for Buyer/Buyers reveals that
Yamson nowhere in the said document is it indicated that the sale of all seven
G.R. No. 163182 lots was a prerequisite to the payment by petitioners of Yamson's
October 24, 2012 commission. If petitioners' intention was for Yamson to locate a buyer for
all their properties, then they should have had this condition reduced to
writing and included in the Authority to Look for Buyer/Buyers that they
executed.

AGENCY
Special Power of Attorney

Ching vs. Bantolo There is no question that the SPA executed by respondents in favor of
G.R. No. 177086 petitioners is a contract of agency coupled with interest. This is because
December 5, 2012 their bilateral contract depends upon the agency. Hence, it cannot be
revoked at the sole will of the principal.

TRUST
Trust Receipts Law

Land Bank of the Under the Trust Receipts Law, intent to defraud is presumed when (1)
Philippines v. Perez the entrustee fails to turn over the proceeds of the sale of goods
G.R. No. 166884 covered by the trust receipt to the entruster; or (2) when the entrustee
June 13, 2012 fails to return the goods under trust, if they are not disposed of in
accordance with the terms of the trust receipts.

CREDIT TRANSACTIONS

GUARANTY
Application of Statute of Frauds

Fideliza J. Aglibot vs. Article 2055 of the Civil Code also provides that a guaranty is not
Ingersol L. Santia presumed, but must be express, and cannot extend to more than what
G.R. No. 185945 is stipulated therein. This is the obvious rationale why a contract of
December 5, 2012 guarantee is unenforceable unless made in writing or evidenced by
some writing.

The Manila Insurance A contract of suretyship is defined as "an agreement whereby a party,
Company, Inc. vs. called the surety, guarantees the performance by another party, called
Spouses Roberto and the principal or obligor, of an obligation or undertaking in favor of a third
Aida Amurao party, called the obligee. It includes official recognizances, stipulations,
G.R. No. 179628 bonds or undertakings issued by any company by virtue of and under
January 16, 2013 the provisions of Act No. 536, as amended by Act No. 2206."

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SURETYSHIP
Liability of Surety in Case of Default of Principal Debtor

Philippine Charter In legal parlance, demand is the assertion of a legal or

Insurance Corporation procedural right. It is the obligor's culpable delay, not merely the time
vs. Central Colleges of element, which gives the obligee the right to seek the performance
the Philippines and of the obligation.
Dynamic Planners and
Construction
Corporation
G.R. Nos. 180631-33
February 22, 2012

INTEREST
Interest Rate

Hermojina Estores vs. The phrase "forbearance of money, goods or credits" is meant to have a
Spouses Arturo and separate meaning from a loan, otherwise there would have been no
Laura Supangan need to add that phrase as a loan is already sufficiently defined in the
G.R. No. 175139 Civil Code. Forbearance of money, goods or credits should therefore
April 18, 2012 refer to arrangements other than loan agreements, where a
person acquiesces to the temporary use of his money, goods or credits
pending happening of certain events or fulfillment of certain conditions.

CHECKS
Issuance of Checks

San Miguel Corporation Checks, however, are not issued merely for the payment of a
(SMC) vs. Helen T. Kalalo preexisting obligation. They may likewise be issued as a guarantee for
G.R. No. 185522 the performance of a future obligation.
June 13, 2012

DEPOSIT
Requisites to have Novation from a Contract of Lease to Contract of Deposit

RCJ Bus Lines, In order to have novation according to Article 1292, the two obligations
Incorporated vs. Master must be incompatible at every point, the second obligation must novate
Tours and Travel the first, in a contract of lease is the enjoyment of the thing; in a contract
Corporation of deposit, it is the safekeeping of the thing. They thus create essentially
G.R. No. 177232 distinct obligations that would result in a novation only if the parties
October 11, 2012 entered into one after the other concerning the same subject matter.

REAL ESTATE MORTGAGE

Foreclosure Proceeding

China Banking While there were indeed two different corporations that executed
Corporation vs. QBRO two separate mortgages, there was in fact only one loan account,

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 SUMMARY OF DOCTRINES

Fishing Enterprises, Inc. that of TFRC. Considering that the extrajudicial foreclosure proceedings
G.R. No. 184556, February initiated by petitioner pertain to only one loan account, we uphold the
22, 2012 validity of the foreclosure sale which included the properties of
respondent as third-party mortgagor.

Spouses Charlie Any question regarding the regularity and validity of the mortgage or its
Fortaleza and Ofelia foreclosure cannot be raised as a justification for opposing the petition
Fortaleza vs. Spouses for the issuance of the writ of possession. The rationale for the rule is to
Raul Lapitan and Rona allow the purchaser to have possession of the foreclosed property
Lapitan without delay, such possession being founded on the right of ownership.
G.R. No. 178288
August 15, 2012

Palm Tree Estates, Inc. For a writ to issue, there must be an existence of the right to be
and Belle Air Golf and protected and that the facts against which the injunction is to be directed
Country Club, Inc. vs. are violative of the said right. It is an extraordinary event which must be
Philippine National Bank granted only in the face of actual and existing substantial rights.
G.R. No. 159370, October
3, 2012

TML Gasket Industries, To be entitled to an injunctive writ, the right to be protected and the
Inc. vs. BPI Family violation against that right must be shown. Petitioners do not have any
Savings Bank, Inc. clear right to be protected since they indisputably failed to meet their
G.R. No. 188768, January obligations in spite of repeated demands.
7, 2013

REAL ESTATE MORTGAGE

When Equitable Mortgage not Presumed

Thelma Casulla Velasco The records are bereft of anything to support the contention of the
and Myrna Casulla Vda. Casullas that the Property was inadequate in price. The mere fact also
De Retuerma v. Felipe R. that Casullas remained in possession of the Property does not give
Buenviaje, Angelina rise to the presumption of equitable mortgage precisely because the
Milan-Buenviaje and the lower courts have already ruled that they have no right to the
Court of Appeals Special possession of the Property.
Eighth Division
G.R. No. 182316
June 13, 2012

REAL ESTATE MORTGAGE

Second Mortagee

Pablo P. Garcia vs. The spirit of the Civil Code is to let the obligation of the debtor to pay the
Yolanda Valdez Villar debt stand although the property mortgaged to secure the payment of
G.R. No. 158891 said debt may have been transferred to a third person (E.C. McCullough
June 27, 2012 & Co. vs. Veloso and Serna, 46 Phil. , 1924).

REAL ESTATE MORTGAGE

Ownership Required

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Philippine National Bank Article 2085 of the Civil Code provides that a mortgage contract, to be
vs. Spouses Alejandro valid, must have the following requisites: (a) that it be constituted to
and Myrna Reblando secure the fulfillment of a principal obligation; (b) that the mortgagor be
G.R. No. 194014 the absolute owner of the thing mortgaged; and (c) that the persons
September 12, 2012 constituting the mortgage have free disposal of their property, and in the
absence of free disposal, that they be legally authorized for the purpose.

REAL ESTATE MORTGAGE

Mortgagee in Good Faith/Bad Faith

Philippine Banking While it is settled that a simulated deed of sale is null and void and
Corporation vs. Arturo therefore, does not convey any right that could ripen into a valid title, it
Dy, Bernardo Dy, Jose has been equally ruled that, for reasons of public policy, the subsequent
Delgado and Cipriana nullification of title to a property is not a ground to annul the contractual
Delgado right which may have been derived by a purchaser, mortgagee or other
G.R. No. 183774 transferee who acted in good faith.
November 14, 2012

Philippine Bank of The standard industry practice for banks is to require loan applicants to
Communications vs. disclose the nature and purpose of the loan, and the court knows that
Pridisons Realty the disclosure of loan purpose and presentation of loan documents is
Corporation, et. al. expected considering the applicant PRIDSONS was a realty company.
G.R. No. 155113, January
9, 2013

FINANCIAL REHABILITATION AND INSOLVENCY ACT

Corporate Rehabilitation

Express Investments III The secured creditors cannot enforce preference by virtue of a
Private Ltd. And Export contractual agreement. Rehabilitation is an attempt to conserve and
Development Canada vs. administer the assets of an insolvent corporation in the hope of its
Bayan eventual return from financial stress to solvency.
Telecommunications,
Inc., et. al.
G.R. No. 174457-59,
December 5, 2012

Situs Dev. Corporation,

Daily Supermarket, Inc. Sec. 146 of the FRIA clearly shows that it is applicable to all further
and Color Lithograph proceedings. In no way could it be made retrospectively applicable to
Press, Inc. vs. Asiatrust the Stay Order issued by the rehabilitation court back in 2002.
Bank, Allied Banking
Corporation, et. al.
G.R. No. 180036, January
16, 2013

TORTS AND DAMAGES

QUASI-DELICT
Cause of Action

Equitable Banking A quasi-delict is an act or omission, there being fault or negligence,

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 SUMMARY OF DOCTRINES

Corporation v. Special which causes damage to another. Quasi-delicts exist even without a
Steel Products, Inc. and contractual relation between the parties.
Augusto L. Pardo
G.R. No. 175350
June 13, 2012

DAMAGES
Liability for Damages

Nancy Lorzano v. Jun Moral damages are not intended to enrich the complainant at the
Tabayag Jr. expense of the defendant. The award thereof is aimed at a restoration
G.R. No. 189647 within the limits of the possible, of the spiritual status quo ante;
February 6, 2012 therefore, it must always reasonably approximate the extent of injury
and be proportional to the wrong committed.

Bright Maritime BMC is liable to respondent for exemplary damages, which are imposed
Corporation (BMC) / by way of example or correction for the public good in view of
Desiree P. Tenorio v. petitioner’s act of preventing respondent from being deployed on the
Fantonial ground that he was not yet declared fit to work on the date of his
G.R. No. 165935 departure, despite evidence to the contrary. Exemplary damages are
February 8, 2012 imposed not to enrich one party or impoverish another, but to serve as a
deterrent against or as a negative incentive to curb socially deleterious
actions.

People of the Philippines With respect to actual damages, jurisprudence only allows expenses
v. Teofilo "Rey" Buyagan duly supported by receipts. The existence of one aggravating
G.R. No. 187733 circumstance also merits the grant of exemplary damages under Article
February 8, 2012 2230 of the New Civil Code.

Banco Filipino Savings To obtain moral damages, the claimant must prove the existence of bad
and Mortgage Bank v. faith by clear and convincing evidence, for the law always presumes
Miguelito M. Lazaro good faith. It is not even enough that one merely suffered sleepless
G.R. No. 185346/ G.R. No. nights, mental anguish and serious anxiety as the result of the
185442 actuations of the other party.
June 27, 2012 With respect to attorney’s fees, an award is proper only if the one was
forced to litigate and incur expenses to protect one’s rights and interest
by reason of an unjustified act or omission of the party for whom it is
sought. The award of attorney’s fees is more of an exception than the
general rule, since it is not sound policy to place a penalty on the right to
litigate.

Being bereft of factual support as to the losses or expenses STERN

University of the incurred, the award was whimsical and speculative. Article 2199, Civil
Philippines v. Hon. Code, provides for the statutory basis for the award of actual damages,
Agustin Dizon, et. al. which entitled a person to an adequate compensation only for such
G.R. No. 171182 pecuniary loss suffered by him as he has duly proved.
August 23, 2012

As a common carrier, the Pereñas needed to be vigorously reminded to

Sps. Teodoro and observe their duty to exercise extraordinary diligence to prevent a
Nanette Perena v. Sps. similarly senseless accident from happening again. Only by an award of

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Nicolas and Teresita
Zarate, Philippine
National Railways
G.R. No. 157917
August 29, 2012
R.V. Santos Company,
Inc. v. Belle Corporation
G.R. Nos. 159561-62
October 3, 2012
Albert Ching and Romeo
Bautista v. Felix Bantolo,
et. al.
G.R. No. 177086
December 5, 2012
Manila Electric Company
v. Atty. Pablito M. Castillo
G.R. No. 182976
January 14, 2013
DAMAGES
Quantum Meruit
Caridad Segarra Sazon v.
Letecia Vasquez-
Menancio
G.R. No. 192085
February 22, 2012
DAMAGES
Unjust Enrichment
Land Bank of the
Philippines v. Paz O.
Montalvan
G.R. No. 190336
June 27, 2012
NEGLIGENCE
Doctrine of Last Clear Chance
PNRC v. Vizcara
G.R. No. 190022, February
15, 2012
San Beda College of Law
exemplary damages in that amount would stuff to instill in them and
others similarly situated the ever-present need for greater and constant
vigilance in the conduct of a business imbued with public interest.
This is consistent with the law against unjust enrichment under Article
22 of the Civil Code. 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.”
Petitioners are not entitled to exemplary damages. They are not
recoverable as a matter of right. They are awarded only if the guilty
party acted in a wanton, fraudulent, reckless, oppressive or malevolent
manner.
In Quisumbing v. Manila Electric Company, that the immediate
disconnection of electricity without notice as a form of deprivation of
property without due process of law. Moral damages are awarded to
compensate the claimant for physical suffering, mental anguish, fright,
serious anxiety, besmirched reputation, wounded feelings, moral shock,
social humiliation and similar injury.
In addition to moral damages, exemplary damages are imposed by way
of example or correction for the public good.
The doctrine of quantum meruit (as much as one deserves) prevents
undue enrichment based on the equitable postulate that it is unjust for a
person to retain benefit without paying for it. Being an equitable
principle, it should only be applied if no express contract was entered
into, and no specific statutory provision is applicable.
Under the Civil Code, there is unjust enrichment when a person retains
the property of another without just or legal ground and against the
fundamental principles of justice, equity and good conscience.
The doctrine of last clear chance provides that where both parties are
negligent but the negligent act of one is appreciably later in point of time
than that of the other, or where it is impossible to determine whose fault
or negligence brought about the occurrence of the incident, the one who
had the last clear opportunity to avoid the impending harm but failed to
do so, is chargeable with the consequences arising therefrom. Stated
differently, the rule is that the antecedent negligence of a person does
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 SUMMARY OF DOCTRINES

not preclude recovery of damages caused by the supervening

negligence of the latter, who had the last fair chance to prevent the
impending harm by the exercise of due diligence.

NEGLIGENCE
Doctrine of Res Ipsa Loquitur

Jarcia v. People of the The requisites for the application of the doctrine of res ipsa loquitur are:
Philippines (1) the accident was of a kind which does not ordinarily occur unless
G.R. No. 187926 someone is negligent; (2) the instrumentality or agency which caused
February 15, 2012 the injury was under the exclusive control of the person in charge; and
(3) the injury suffered must not have been due to any voluntary action or
contribution of the person injured. The doctrine can be invoked when
and only when, under the circumstances involved, direct evidence is
absent and not readily available.

NEGLIGENCE
Test of Negligence

Philam Insurance The test of negligence is as follows: Could a prudent man, in the case
Company, Inc. and under consideration, foresee harm as a result of the course actually
American Home pursued? If so, it was the duty of the actor to take precautions to guard
Insurance Co., v. Court against that harm.
of Appeals, and D.M.
Consunji Inc.
G.R. No. 165413
February 22, 2012

NEGLIGENCE
Liability of Banks

Westmont Bank v. Myrna Considering that banks can only act through their officers and
Dela Rosa-Ramos, et al. employees, the fiduciary obligation laid down for these institutions
G.R. No. 160260 necessarily extends to their employees. It has been repeatedly held that
October 24, 2012 “a bank’s liability as an obligor is not merely vicarious, but primary” since
they are expected to observe an equally high degree of diligence, not
only in the selection, but also in the supervision of its employees.

NEGLIGENCE
Liability of Hotelkeepers

Makati Shangri-La Hotel Applying by analogy Article 2000, Article 2001 and Article 2002 of the
and resort v. Ellen Civil Code (all of which concerned the hotelkeepers’ degree of care and
Johanne Harper, et. al. responsibility as to the personal effects of their guests), we hold that
G.R. No. 189998 there is much greater reason to apply the same if not greater degree of
August 29, 2012 care and responsibility when the lives and personal safety of their
guests are involved. Otherwise, the hotelkeepers would simply stand
idly by as strangers have unrestricted access to all the hotel rooms on
the pretense of being visitors of the guests, without being held liable
should anything untoward· befall the unwary guests.

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LAND TITLES AND DEEDS

QUIETING OF TITLE
Legal or Equitable Title

Dionisio Mananquil, et al For an action to quiet title to prosper, two indispensable requisites must
v. Roberto Moico concur, namely: (1) the plaintiff or complainant has a legal or an
G.R. No. 180076 equitable title to or interest in the real property subject of the action; and
November 21, 2012 (2) the deed, claim, encumbrance, or proceeding claimed to be casting
cloud on his title must be shown to be in fact invalid or inoperative
despite its prima facie appearance of validity or legal efficacy.

EXECUTION OF PUBLIC INSTRUMENT

Presumption

Spouses Erosto The execution of a public instrument gives rise only to a prima facie
Santiago and Nelsie presumption of delivery, which is negated by the failure of the vendee to
Santiago v. Mancer take actual possession of the land sold.
Villamor, et al.
G.R. No. 168499
November 26, 2012

ACTION FOR RECONVEYANCE

When Action for Reconveyance is Proper

Gaudencio Pacete v. An action for reconveyance is an action in personam available to a

Inocencio Asotigue person whose property has been wrongfully registered under the
G.R. No. 188575 Torrens system in another’s name. It is available not only to the legal
December 10, 2012 owner of a property but also to the person with a better right than the
person under whose name said property was erroneously registered.

RECONSTITUTION OF TITLE
Substantial Compliance

Republic of the Republic Act No. 26 Section 2 provides for the valid sources for judicial
Philippines v. reconstitution of title: (a) the owner’s duplicate of the certificate of title;
Concepcion Lorenzo, (b) the co-owner’s, mortgagee’s, or lessee’s duplicate of the certificate
Orlando Fontanilla, et al of title; (c) certified copy of the certificate of title, previously issued by
G.R. No. 172338 the register of deeds or by a legal custodian thereof; (d) authenticated
December 10, 2012 copy of the decree of registration or patent, as the case may be,
pursuant to which the original certificate of title was issued; (e) a
document, on file in the Registry of Deeds, by which the property, the
description of which is given in said document, is mortgaged, leased or
encumbered, or an authenticated copy of said document showing that

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 SUMMARY OF DOCTRINES

its original had been registered; and (f) any other document which, in
the judgment of the court, is sufficient and proper basis for reconstituting
the lost or destroyed certificate of title.

RECONSTITUTION OF TITLE
When Proper

Spouses Crisanto When the owner’s duplicate certificate of title has not been lost, but is in
Alcazar and Susan fact in the possession of another person, then the reconstituted
Villamayor v. Evelyn certificate is void, because the court that rendered the decision had no
Arante jurisdiction. Reconstitution can validly be made only in case of loss of
G.R. No. 177042 the original certificate.
December 10, 2012

Republic of the The purpose of reconstitution of title is to have the title reproduced in
Philippines v. Zoomak exactly the same way it was before its loss or destruction after
R.P.C., Inc. observing the procedures prescribed by law.
G.R. No. 181891
December 5, 2012

Carmencita Guizano v. An action for reconveyance is an action available to a person whose

Reynaldo S. Veneracion property has been wrongfully registered under the Torrens system in
G.R. No. 191128 another’s name. While it is a real action, it is an action in personam, for
September 12, 2012 it binds a particular individual only, although it concerns the right to an
intangible thing. Any judgment in this action is binding only upon the
parties properly impleaded.

Republic of the The names of the interested parties are required to be given notice of
Philippines v. Angel petition. The interested parties as provided by said rule are those whose
Domingo and Benjamin names appear in the certificate of title to be reconstituted.
Domingo
G.R. No. 197315
October 10, 2012

PUBLIC LAND ACT

Strict Adherence

Alejandro Binayug and A contract which purports to alienate, transfer, convey, or encumber any
Anna Binayug v Eugenio homestead within the prohibitory period of five years from the date of
Ugaddan, et al the issuance of the patent is void from its execution.
G.R. No. 181623
December 5, 2012

OWNERSHIP OVER REAL PROPERTY

Constitutional Prohibition Against Aliens

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Willem Beumer v. Avelina Petitioner cannot seek reimbursement on the ground of equity where it
Amores is clear that he willingly and knowingly bought the property despite the
Gr. No. 195670 prohibition against foreign ownership of Philippine lands, enshrined
December 3, 2012 under Section 7, Article XII of the 1987 Philippine Constitution.

SALES PATENT
Alienable and Disposable Character

Republic of the From the wordings of Proc. 168, the land it comprises is subject to sale
Philippines v. AFT or settlement, and thus alienable and disposable. However, this
Retirement and alienable and disposable character of the land covered by the

Separation Benefits proclamation was subsequently withdrawn, and the land was re-
System classified by then President Macapagal to pave the way for the
G.R. No. 180463 establishment of a park reservation, subject only to previously acquired
January 16, 2013 private rights.

CERTIFICATE OF LAND OWNERSHIP AWARD

Vested Right over Land

Heirs of Arcadio Castro,
Sr., represent by Arcadio
Cstro, Jr., v. Renato
Lazado, Felipe Cruz, et al
G.R. No 163026
August 29, 2012
A vested right is one which is absolute, complete and unconditional, to
the exercise of which no obstacle exists, and which is immediate and
perfect in itself and not dependent upon a contingency. To be vested, a
right must have become a title—legal or equitable—to the present or
future enjoyment of property.

ACQUISITIVE PRESCRIPTION
When can be Tolled

Jesus Virtucio v. Jose The law, as well as jurisprudence dictates that only judicial summons
Alegarbes can effectively toll the thirty-year period of acquisitive prescription. The
G.R. No. 187451 fact that a homestead application had been filed by Virtucio on the same
August 29, 2012 property cannot toll the period of prescription.

ALIENABLE AND DISPOSABLE CHARACTER OF LAND

Documentary Evidence Required

Republic of the An applicant for land registration must establish the existence of a
Philippines v. Marlon positive act of the government such as a presidential proclamation or an
Medida executive order; an administrative action; investigation reports of
G.R. No. 195097 Bureau of Lands investigators; and a legislative act or a statute,
August 13, 2012 attesting to the alienable and disposable character of the land subject
for registration. Mere notations appearing in survey plans are
inadequate proof of the alienable and disposable character of the
properties.

Republic of the With the insufficiency in the documentation required and the lack of
Philippines v. Gloria certification from the duly authorized certifying authority, PENRO, (as
Jaralve, et al the parcel of land has an area of 731,380 square meters-above 50
G.R. No. 175177 hectares), and the classification approved by the DENR Secretary, the
October 24, 2012 Court agrees with the petitioner that the respondents failed to prove in
accordance with law that the subject property is within the alienable and
disposable portion of the public domain.

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 SUMMARY OF DOCTRINES

VALIDITY OF CERTIFICATE
Not Subject to Collateral Attack

Numeriano Abobon v. Numeriano’s assertion of ownership in his own right could NOT be
Felicitas Abata Abobon finally and substantively determined herein, for it was axiomatic that the
and Gelima Abata adjudication of the question of ownership in an action for the recovery of
Abobon possession of realty would only be provisional and would not be even a
G.R. No. 155830 bar to an action between the same parties involving the ownership of
August 15, 2012 the same property.

FREE PATENT
Declaration of Nullity

Spouses Crispin Galang An ordinary civil action for declaration of nullity of free patents and
and Caridad Galang v. certificates of title is not the same as an action for reversion. In action
Spouses Conrado S. for reversion, the pertinent allegations in the complaint would admit
Reyes and Fe De Kastro State ownership of the disputed land. On the other hand, a cause of
Reyes action for declaration of nullity of free patent and certificate of title would
G.R. No. 184746 require allegations of the ownership by plaintiff of the contested lot prior
August 8, 2012 to the issuance of such free patent and defendant’s fraud or mistake.

CARL
Beneficiary Thereof

Anita Candelaria Vianzon Qualified beneficiaries of land covered by CARP in the order of priority
v. Minople Macaraeg includes (a) agricultural lessees and share tenants; (b) regular
G.R. No. 171107 farmworkers; (c) seasonal farmworkers; (d) other farmworkers; (e)
September 5, 2012 actual tillers or occupants of public lands; (f) collectives or cooperatives
of the above beneficiaries and (g) others directly working on the land.

TRASFER CERTIFICATE OF TITLE BASED ON SIMULATED CONTRACT

Validity

Heirs of Dr. Mario S. The intention of Ireneo was just to lend the title to the Spouses Intac to
Intac and Angelina enable them to borrow money and put up a hospital in Sta. Cruz,
Mendoza-Intac v. Court Laguna.
of Appeals, et al
G.R. No. 173211 Clearly, the subject contract was absolutely simulated and, therefore,
October 11, 2012 void.

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