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CIVIL LAW
RECENT JURISPRUDENCE
I. General Principles
II. Persons and Family Relations
CASE FACTS
Ara v. Pizarro Petitioners Romeo Ara and
G.R. No. 187273 Garcia, and respondents
| February 15, Pizarro and Rossi all claimed
2017 to be the children of Josefa
Ara who died in 2002.
Petitioners claimed that they
were each begot from
different marriages and
relationships of their mother.
Respondent Pizarro,
however, denies this and
claims to be the only child of
Josefa, as both Romeo and
Garcia are recorded to have
different parents in their
birth certificates. Pizarro, on
the other hand, submitted
her the certificate of marriage
of her father and Josefa.
Petitioners seek that the
properties of Joefa be
partition.
HELD DOCTRINE
For a claim of filiation to Claim of filiation must be
succeed, it must be made made within the period
within the period allowed, under the Family Code.
and supported by the
evidence required under the
Family Code. Thus, a person
who seeks to establish
illegitimate filiation after the
death of a putative parent
must do so via a record of
birth appearing in the civil
register or a final judgment,
or an admission of legitimate
filiation. Petitioners
presented their baptismal
certificates, certificate of
marriage listing Josefa as
their mother, group photos,
and a testimony of a relative.
However, none of these
constitute as evidence under
the first paragraph of Art.
172.

Castillo v. Mirasol and Felipe got
Republic married in Bani, Pangasinan
G.R. No. 214064 on April 22, 1984 and were
| February 6, blessed with 2 children born
2017 in 1992 and in 2001. In 2011,
however, Mirasol filed a
complaint for declaration of
nullity of marriage before the
RTC alleging that Felipe was
a philanderer. In support of
her case, Mirasol presented
clinical psychologist Sheila
Marie Montefalcon who, in
her Psychological Evaluation
Report, concluded that
Felipe is psychologically
incapacitated to fulfill the
essential marital obligations,
particularly that he has
The existence or absence of
the psychological incapacity
shall be based strictly on the
facts of each case and not on
a priori assumptions,
predilections or
generalizations. The
presentation of expert proof
in cases for declaration of
nullity of marriage based on
psychological incapacity
presupposes a thorough and
an in-depth assessment of
the parties by the
psychologist or expert, for a
conclusive diagnosis of a
grave, severe and incurable
presence of psychological
incapacity, the totality of the
evidence presented failed to
Psychological incapacity
must be characterized by
(a) gravity, i.e., it must be
grave and serious such that
the party would be incapable
of carrying out the ordinary
duties required in a marriage,
(b) juridical
antecedence, i.e., it must be
rooted in the history of the
party antedating the
marriage, although the overt
manifestations may emerge
only after the marriage, and
(c) incurability.

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U.P. LAW BOC
CASE FACTS
Narcissistic Personality
Disorder
In Re: Petition Jonna Bercelote bore 2
for children with Ricky Tinitigan,
Cancellation of who was married to another
Live Birth of woman. Jonna did not
Yuhares Jan register the birth of her 2
Barcelote, et al. children. When her first
v. Republic of child’s certificate of live birth
The was required for school
Philippines, admission, she was forced to
Ricky have the births registered.
Tinitigan and She then discovered that
Local Civil Ricky already had the births
Registrar, registered, but with different
Davao City names and birthdates. Jonna
G.R. No. 222095 filed a petition for the
| August 7, 2017 cancellation for the birth
certificates for containing
erroneous entries, among
which were the surnames of
the children, which were
after the father, and not the
mother.
Republic v. Manalo filed a petition for
Manalo | GR recognition and enforcement
No. 221029| of a foreign judgment of
April 11, 2018 divorce rendered by the
Japanese Court. Trial court
denied the petition saying
that Art 15 of the Civil Code
does not allow Filipinos to
file for divorce even when
living abroad, unless they are
citizens of another country.
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CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
establish Felipe's
psychological incapacity.
The birth certificates which An acknowledged illegitimate
used the father’s last name child is under no compulsion
are not valid. The use of the to use the surname of his
word ‘may’ in Art. 176 of the illegitimate father. In case of
FC, as amended by RA 9255 an illegitimate child, the birth
shows that an acknowledged certificate shall be signed and
illegitimate child is under no sworn to jointly by the
compulsion to use the parents of the infant or only
surname of his illegitimate the mother if the father
father. The Civil Registry refuses
Law (Act 3753) provides that
in case of an illegitimate
child, the birth certificate
shall be signed and sworn to
jointly by the parents of the
infant or only the mother if
the father refuses. It is
mandatory that the mother
of an illegitimate child signs
the birth certificate of her
child in all cases, irrespective
of whether the father
recognizes the child as his or
not. In this case, it appears
that the mother did not sign
the documents. Thus, the
local civil registrar had no
authority to register the
subject birth certificates.
Art 26 confers jurisdiction on A foreign divorce judgment
PH courts to extend the obtained by a spouse,
effect of a foreign divorce whether the Filipino spouse
decree to a Filipino spouse or the alien spouse, may be
without undergoing trial. recognized in our
This is to avoid the absurd jurisdiction.
situation of a Filipino as still
being married to his or her
alien spouse although the
latter is no longer married to
the former. Whether the
Filipino spouse initiated the
foreign divorce proceeding
or not, a favorable decree
dissolving the marriage bond
and capacitating his or her
foreign spouse to remarry
will have the same result: The
Filipino spouse will
effectively be without a
husband or wife. Therefore,
no distinction should be
made. Blind adherence to Art
U.P. LAW BOC CIVIL LAW RECENT JURISPRUDENCE

CASE FACTS HELD DOCTRINE

15 would result to unjust
discrimination.
Republic v. Katrina Tobora-Tionglico Using the Republic v. CA Psychological incapacity
Tobora- filed a petition for guidelines below, Katrina must be characterized by (a)
Tionglico | declaration of nullity of her failed to prove that Lawrence gravity, i.e., it must be grave
GR. No. 218630 marriage with Lawrence is psychologically and serious such that the
| Jan. 11, 2018 Tionglico on the ground of incapacitated to discharge the party would be incapable of
psychological incapacity. duties of a husband. First, carrying out the ordinary
When Katrina got pregnant, Dr. Arellano's findings that duties required in a marriage,
Lawrence did not take it well Lawrence is psychologically (b) juridical antecedence, i.e.,
and worried about how it incapacitated were based it must be rooted in the
would affect his image. The solely on Katrina's history of the party
two still got married on Jul. statements. Lawrence, antedating the marriage,
22, 2000. The marriage was despite notice, did not although the overt
marred with bickering and participate in the proceedings manifestations may emerge
quarrels. In 2003, due to their below, nor was he only after the marriage, and
incessant fighting, Lawrence interviewed by Dr. Arellano (c) incurability.
asked Katrina to leave and despite being invited to do
they were separated in fact so. The various tests
ever since. Katrina consulted conducted by Dr. Arellano
a psychiatrist who confirmed can most certainly be
her beliefs on Lawrence's conclusive of the
psychological incapacity. Dr. psychological disposition of
Arellano, based on the Katrina, but cannot be said to
narrations of Katrina, be indicative of the
diagnosed Lawrence with psychological condition of
Narcissistic Personality Lawrence. Second, the
Disorder, that is testimony of Katrina as
characterized by a heightened regards the behavior of
sense of self-importance and Lawrence hardly depicts the
grandiose feelings that he is picture of a psychologically
unique in some way. The incapacitated husband. Their
doctor determined the frequent fights, his
disorder as permanent, insensitivity, immaturity and
incurable, and deeply frequent night-outs can
integrated with his psyche. hardly be said to be a
The RTC granted the psychological illness. It is not
petition; while the CA enough to prove that a
affirmed. spouse failed to meet his
responsibility and duty as a
married person; it is essential
that he must be shown to be
incapable of doing so due to
some psychological illness.
The psychological illness that
must afflict a party at the
inception of the marriage
should be a malady so grave
and permanent as to deprive
the party of his or her
awareness of the duties and
responsibilities of the
matrimonial bond he or she
was then about to assume.

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U.P. LAW BOC
CASE FACTS
Singson v. Ma. Concepcion Singson
Singson | GR filed a petition for
No. 210766 | declaration of nullity of her
Jan 8, 2018 marriage to respondent
Benjamin Singson on the
ground of his psychological
incapacity. The two married
in 1974. She avers that since
they started living together,
she noticed that respondent
was dishonest, unreasonably
extravagant at the expense of
the family's welfare,
extremely vain physically and
spiritually, immature,
irresponsible, and a respondent failed to live with
compulsive gambler; he was
unable to perform his
paternal duties, and due to
this, she became the sole
breadwinner of their family
as they had four children to
support. Further, at the time
of the filing of the petition,
Benjamin was confined at
Metro Psych Facility, a
rehabilitation institution in
Pasig City. His attending
psychiatrist, Dr. Benita Sta.
Ana-Ponio, diagnosed him to
be suffering from
pathological gambling, a
personality disorder.
Benjamin denied that he had
failed to support their family
as he had a job and he sold
his property to provide
money for his family; even
the land on which their house
stood was his. He argued that
whatever shortcomings he
had should not amount to
grounds for the dissolution
of their marriage. The RTC
granted the petition; the CA
reversed.
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CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
The evidence on record does Well-entrenched is the rule
not establish that Bejamin's that "there must be proof of
psychological incapacity was a natal or supervening
grave and serious as defined disabling factor that
by jurisprudential parameter. effectively incapacitated the
Petitioner and respondent respondent spouse from
likewise lived together as complying with the basic
husband and wife since their marital obligations. A cause
marriage on July 6, 1974 (and has to be shown and linked
in the company of their four with the manifestations of
children, too). Aside from the psychological incapacit
the time that respondent was
under treatment at the Metro
Psych Facility, petitioner did
not allege any instance when
them. Well-entrenched is the
rule that "there must be
proof of a natal or
supervening disabling factor
that effectively incapacitated
the respondent spouse from
complying with the basic
marital obligations. There is
also sufficient evidence to
prove that the respondent's
inabilities to perform his
marital obligations was a
result of not mere intentional
refusal on his part but are
caused by psychological
abnormality. To support her
Article 36 petition, petitioner
ought to have adduced
convincing, competent and
trustworthy evidence to
establish the cause of
respondent's alleged
psychological incapacity and
that the same antedated their
marriage
U.P. LAW BOC CIVIL LAW
III. Property
CASE FACTS
Erlinda Dinglasan Erlinda borrowed money
Delos Santos and from her sister, Teresita.
Her Daughters, As security, they
Namely, Virginia, mortgaged a piece of land.
Aurea, and Such was annotated on the
Bingbing, All land’s title. Erlinda was
Surnamed Delos unable to pay the loan, so
Santos v. Alberto she agreed to sell the
Abejon and The property for the amount of
Estate of Teresita loan plus 50,000 pesos. A
Dinglasan Abejon Deed of Sale and Release
G.R. No. 215820 | of Mortgage was executed.
March 20, 2017 Teresita then started
occupying the land and
introduced improvements
(a three-strory building)
thereon. Subsequently,
Erlinda refused to
acknowledged the sale. She
claims that the title was
spurious. A complaint for
sum of money was filed
against Erlinda. During the
pre-trial, it was stipulated
that the deed was forged.
Spouses Elvira Spouses Alcantara filed
Alcantara and Edwin before the RTC a
Alcantara v. Spouses Complaint against Spouses
Florante Belen and Belen for the quieting of
Zenaida Ananias, title, reconveyance of
PENRO, DENR, possession, and accounting
Sta. Cruz, of harvest with damages.
Laguna, and The Spouses Alcantara claimed
City Assessor of San that they were the
Pablo City registered owners of the
G.R. No. 200204 | disputed lots. They
April 25, 2017 submitted as evidence tax
declarations of the
property registered to them
and their predecessors-in-
interest, receipts of their
payments for real property
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RECENT JURISPRUDENCE
HELD DOCTRINE
In view of the admissions If there was bad faith, not
during pre-trial, the rules only on the part of the
on accession with respect person who built, planted
to immovable properties or sowed on the land of
would apply with respect another, but also on the
to the building. Both part of the owner of such
parties were in bad faith. land, the rights of one and
Teresita knew that a the other shall be the same
deceased person signed the as though both had acted
document long after his in good faith. Hence,
death, which made the Article 448 would apply.
document void. Petitioners
also knew of the defect in
the execution of the Deed
of Sale from the start, but
still acquiesced to the
construction. Article 488
thus provides that the land
owner, Erlinda, has two
options: she may
appropriate the three-story
building after payment of
indemnity in article 546
and 548 of the Civil Code
or she may sell the subject
land to Teresita at a price
equivalent to the current
market value. However, if
the value of the land is
considerably more than the
value of the building,
Teresita cannot be
compelled to purchase the
land.
Aside from presenting a A certificate of title serves
certificate of title to the as evidence of an
claimed property, indefeasible and
petitioners submit as incontrovertible title to the
evidence the Tax property in favor of the
Declarations registered to person whose name
them and to their appears therein. The real
predecessors-in-interest. purpose of the Torrens
These Tax Declarations, System of land registration
together with the is to quiet title to land and
certificate of title presented put stop forever to any
by petitioners, support question as to the legality
their claims over Lot No. of the title.
16932. A certificate of title
serves as evidence of an
indefeasible and
incontrovertible title to the
 U.P. LAW BOC CIVIL LAW RECENT JURISPRUDENCE

CASE FACTS HELD DOCTRINE

taxes, and a Sketch/Special property in favor of the
Plan. On the other hand, person whose name
respondents claim that appears therein.
they are the owners of the
property, relying on a sales
agreement called Kasulatan
ng Bilihang Tuluyan ng
Lupa. They supported their
claim of ownership with
various Tax Declarations
under the name of their
predecessors-in-interest.
Spouses Belen also
submitted a Sketch/Special
Plan.
Sps. Williams v. Zerda was the owner of a Zerda is entitled to an Where the easement may
Zerda land locked in the middle easement of right of way. be established on any of
G.R. No. 207146 | of four properties. Behind The following requisites several tenements
March 15, 2017 it is a swampy mangrove must be met to be entitled surrounding the dominant
area owned by the to an easement of right of estate, the one where the
Republic, while to the left way: (1) The dominant way is shortest and will
and right are lots owned by estate is surrounded by cause the least damage
Woodridge Properties and other immovables and has should be chosen. If
in front is a lot owned by no adequate outlet to a having these two
petitioner spouses where public highway (2) There is circumstances do not
the national highway ran payment of proper concur in a single
along. Zerda filed a indemnity (3) The isolation tenement, the way which
complaint against Sps. is not due to the acts of the will cause the least damage
Williams for easement of proprietor of the dominant should be used, even if it
right of way. estate (4) The right of way will not be the shortest.
claimed is at the point least
prejudicial to the servient
estate; and insofar as
consistent with this rule,
where the distance from
the dominant estate to a
public highway may be the
shortest. All these
requisites are present in
this case.
IV. Ma. Rosario Ma. Rosario Agarrado, V. In all civil actions which An action for partition,
Agarrado, Ruth Ruth Librada Agarrado, involve title to, or while one not capable of
Librada Agarrado and Roy Agarrado are possession of, real pecuniary estimation, falls
and Roy Agarrado, children of the late spouses property, or any interest under the jurisdiction of
For Themselves And Rodrigo and Emilia therein, the RTC shall either the first or second
For The Benefit Of Agarrado, who, during exercise exclusive original level courts depending on
Their Siblings And their lifetime, acquired a jurisdiction where the the amounts specified in
Co-Owners Roberto 287-square-meter land in assessed value of the Secs. 19 (2) and 33 (3) of
Agarrado, Reuel Bacolod City, Negros property exceeds B.P. 129, as amended.
Andres Agarrado, Occidental. Emilia died P20,000.00 or, for civil
Heirs Of The Late intestate. They have 5 actions in Metro Manila,
Rodrigo Agarrado, other siblings. Unkwnown where such value exceeds
Jr., Rex Agarrado to the petitioners, Rodrigo P50,000.00. For those
And Judy had an affair with below the foregoing
Agarrado, Petitioners, v. respondent threshold amounts,

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U.P. LAW BOC CIVIL LAW RECENT JURISPRUDENCE

CASE FACTS HELD DOCTRINE

Cristita Librando- CristitaLibrando-
Agarrado And Ana Agarrado, with whom he
Lou Agarrado-King | begot Ana Lou Agarrado-
G.R. No. 212413. June King. Ana Lou was
6, 2018. conceived during the
existence of the marriage
between Rodrigo and
Emilia, but was born one
month after Emilia’s death.
Subsequently, Rodrigo
married Cristita. Upon the
death of Rodrigo, Cristita
and Analou filed a
complaint for partition of
the subject property. None
of the other heirs were
named in any pleading they
filed. The RTC ordered the
partition among Cristita,
Ana Lou, Ma. Rosario,
Ruth, and Roy; the other 5
siblings were excluded.
The petitioners argue that
the complaint must be
dismissed for lack of
jurisdiction, for failure to
indicate the assessed value
of the subject property.
exclusive jurisdiction lies
with the Metropolitan Trial
Courts (MeTC), Municipal
Trial Courts (MTC), or
Municipal Circuit Trial
Courts (MCTC). An action
for partition, while one not
capable of pecuniary
estimation, falls under the
jurisdiction of either the
first or second level courts
depending on the amounts
specified in Secs. 19 (2) and
33 (3) ofB.P. 129, as
amended. Thus, the
determination of the
assessed value of the
property, which is the
subject matter of the
partition, is essential.
Consequently, a failure by
the plaintiff to indicate the
assessed value of the
subject property in his/her
complaint, or at the very
least, in the attachments in
the complaint as ruled
in Foronda-Crystal, is
dismissible because the
court which would exercise
jurisdiction over the same
could not be identified. In
this case, there are no
assertions indicating the
assessed value of the
property to be partitioned.
Hence, the complaint must
be dismissed.

VI. Succession
CASE FACTS HELD DOCTRINE
Mitra v. Margie Mitra filed a petition The original copy bore the What is imperative for the
Sablan | for the probate of the notarial signatures on the last page and allowance of a will despite the
G.R. No. will of Remedios Legaspi, with the confusion was caused by existence of omissions is that
213994 | prayer for issuance of letters respondents’ alteration in the such omissions must be
April 18, testamentary before the RTC. photocopy. Respondents do supplied by an examination of
2018 | She alleges that she was the de not deny that the original copy the will itself, without the need
facto adopted daughter of the of the will bore the signatures of resorting to extrinsic
deceased, that Legaspi left a of the instrumental witnesses evidence.
will instituting her, Orlando on every page thereof except
Castro, Perpetua Sablan the last. Therefore, it is
Guevarra, and Remigio uncontested and can be readily

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U.P. LAW BOC
CASE FACTS
Legaspi Sablan, as her heirs,
legatees and devisees, and that
Legaspi left properties
amounting to P1.03M.
Perpetua Sablan-Guevarra and
Remegio Sablan claimed to be
Legaspi’s legal heir and
opposed the petition. They
claimed that the will was not
executed in accordance with
the formalities required by law
– the last page of the will
containing the
Acknowledgement was not
signed by Legaspi and her
witnesses; the attestation
clause failed to state the
number of pages upon will
was written; that the will was
executed under undue and
improper pressure. The RTC
admitted the will, but the CA
reversed.
VII. Obligation and Contracts
VIII. Sales
CASE FACTS
Philippine Amianan Motors bought from
Steel PSCC galvanized iron sheets.
Coating PSCC assured him that the
Corp. v. sheets were compatible with
Quiñones the paint process Amianan
G.R. No. Motors in the finishing of its
194533 | assembled buses. In fact a
April 19, laboratory test was conducted
2017 by PSCC to test compatibility
CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
gleaned that the instrumental
witnesses signed on each and
every page of the will, except
the last page. There is no
doubt that Art. 805 was
complied with. Further, when
Article 805 of the Civil Code
requires the testator to
subscribe at the end of the will,
it necessarily refers to the
logical end thereof, which is
where the last testamentary
disposition ends. As the
probate court correctly
appreciated, the last page of
the will does not contain any
testamentary disposition; it is
but a mere continuation of the
Acknowledgment. In the
absence of bad faith, forgery,
or fraud, or undue and
improper pressure and
influence, defects and
imperfections in the form of
attestation or in the language
used therein shall not render
the will invalid if it is proved
that the will was in fact
executed and attested in
substantial compliance with all
the requirements of Article
805. An examination of the
will in question reveals that the
attestation clause indeed failed
to state the number of pages
comprising the will. However,
this omission was supplied in
the Acknowledgment
HELD DOCTRINE
The following requisites must An express warranty can be
be established in order to oral when it is a positive
prove that there is an express affirmation of a fact that the
warranty in a contract of sale: buyer relied on.
(1) the express warranty must
be an affirmation of fact or
any promise by the seller
relating to the subject matter
of the sale; (2) the natural
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U.P. LAW BOC
CASE FACTS
and the results turned out to
be favorable. After a year,
several customers’ complaint
that the paint or finish used on
the purchased vehicles was
breaking and peeling off.
Quiñones, who was forced to
repair the buses, then filed for
a complaint for damages
against PSCC.
Pilipinas Makro entered into a Deed of
Makro, Inc. Absolute Sale with Coco
v. Coco Charcoal Philippines, wherein
Charcoal the latter would sell its parcel
Philippines, of land to the former for
Inc. P8.5M. Makro later engaged
G.R. No. the services of a geodetic
196419 | engineer to conduct a survey
October 4, and relocation of the 2
2017 adjacent lots. It was
discovered that 131 sqm of the
lot purchased from Coco
Charcoal had been encroached
upon by the DPWH. Makro
thus sent a demand letter to
collect the refund the purchase
price corresponding to the
area encroached upon by
DPWH.
CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
effect of the affirmation or
promise is to induce the buyer
to purchase the thing; and (3)
the buyer purchases the thing
relying on that affirmation or
promise. PSCC expressly
represented to respondent that
the primer-coated G.I. sheets
were compatible with the
acrylic paint process used by
the latter on his bus units. This
representation was made in
the face of respondent's
express concerns regarding
incompatibility.
A warranty is a collateral In order for the implied
undertaking in a sale of either warranty against eviction to be
real or personal property, enforceable, the following
express or implied; that if the requisites must concur: (1)
property sold does not possess there must be a final judgment;
certain incidents or qualities, (2) the purchaser has been
the purchaser may either deprived of the whole or part
consider the sale void or claim of the thing sold; (3) said
damages for breach of deprivation was by virtue of a
warranty. Thus, a warranty prior right to the sale made by
may either be express or the vendor; and (4) the vendor
implied. An implied warranty has been summoned and made
is one which the law derives by co-defendant in the suit for
application or inference from eviction at the instance of the
the nature of transaction or vendee.
the relative situation or
circumstances of the parties,
irrespective of any intention of
the seller to create it. In other
words, an express warranty is
different from an implied
warranty in that the former is
found within the very language
of the contract while the latter
is by operation of law. In order
for the implied warranty
against eviction to be
enforceable, the following
requisites must concur: (1)
there must be a final judgment;
(2) the purchaser has been
deprived of the whole or part
of the thing sold; (3) said
deprivation was by virtue of a
prior right to the sale made by
the vendor; and (4) the vendor
has been summoned and made
co-defendant in the suit for
eviction at the instance of the
vendee.
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U.P. LAW BOC
CASE FACTS
Spring The Spouses Lumbers entered
Homes into a JVA with Spring Homes
Subdivision for the development of several
Co., Inc parcels of land. Thus, the
and spouses transferred titles to
Spouses several parcels in the name of
Lumbres v. Spring Homes. Spring Homes
Spouses then entered into a Contract to
Tablada | Sell with Spouses Tablada for
GR No. the sale of a parcel of land in
200009 | the subdivision. For failure to
January 23, comply with the provisions of
2017 the JVA, the Spouses Lumbres
filed a complaint for
Collection of Sum of Money,
Specific Performance and
Damages against Spring
Homes. Unaware of this
action, Spouses Tablada paid
the purchase price and
obtained a Deed of Absolute
Sale. The Spouses Tablada
then discovered that the parcel
of land was mortgaged by
Spring Homes with Premiere
Development Bank. The bank
then foreclosed the lot due to
Spring Homes’ failure to pay.
The Spouses Lumbres and
Spring Homes then entered
into a Compromise
Agreement wherein the
Spouses Lumbres were
authorized to collect Spring
Homes' account receivables
arising from the conditional
sales of several properties, as
well as to cancel said sales, in
the event of default in the
payment by the subdivision lot
buyers. The Spouses Lumbres
and Spring Homes executed a
Deed of Absolute Sale over
the subject property, and as a
result, a new title was issued in
the name of the Spouses
Lumbres
CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
The Spouses Tablada are the If the same thing should have
owners of the subject land. been sold to different vendees,
The case at hand involves a the ownership shall be
double sale. First, the Spouses transferred to the person who
Tablada entered into a may have first taken
Contract to Sell with Spring possession thereof in good
Homes in 1995 which was faith, if it should be movable
followed by a Deed of property. Should it be
Absolute Sale in 1996. Second, immovable property, the
in 2000, the Spouses Lumbres ownership shall belong to the
and Spring Homes executed a person acquiring it who in
Deed of Absolute Sale over good faith first recorded it in
the same property. Pursuant to the Registry of Property.
Article 1544 of the Civil Code. Should there be no inscription,
Ownership of an immovable the ownership shall pertain to
property which is the subject the person who in good faith
of a double sale shall be was first in the possession,
transferred: (1) to the person and, in the absence thereof, to
acquiring it who in good faith the person who presents the
first recorded it in the Registry oldest title, provided there is
of Property; (2) in default good faith.”
thereof, to the person who in
good faith was first in
possession; and (3) in default
thereof, to the person who
presents the oldest title,
provided there is good
faith. The requirement of the
law then is two-fold:
acquisition in good faith and
registration in good faith.
Good faith must concur with
the registration - that is, the
registrant must have no
knowledge of the defect or
lack of title of his vendor or
must not have been aware of
facts which should have put
him upon such inquiry and
investigation as might be
necessary to acquaint him with
the defects in the title of his
vendor. In this case, the
respondents were able to take
said property into possession
but failed to register the same
because of Spring Homes'
unjustified failure to deliver
the owner's copy of the title
whereas the second buyers,
the Spouses Lumbres, were
able to register the property in
their names. However, the the
same was done in bad faith.
Page 10 of 19
U.P. LAW BOC
IX. Lease
X. Partnership
XI. Agency
CASE FACTS
International Sps. Briones took out a loan to
Exchange purchase a BMW. They
Bank v. Sps. executed a promissory note
Briones | with chattel mortgage. The
GR No. note also gave the Bank, as the
205657 | Spouses Briones' attomey-in-
August 8, fact, irrevocable authority to
2017 file an insurance claim in case
of loss or damage to the
vehicle. When the car was
carnapped, the Bank declared
the loss. The spouses then
filed a notice of claim with
their insurance, which was
denied due to delayed
reporting. The bank filed a
complaint for replevin, which
was dismissed by the lower
court. The Court of Appeals
affirmed this, holding that the
bank was bound by its
acceptance to carry out the
agency, instead of collecting
the balance. The bank insists
that the agency was revoked
when the spouses filed a claim
with the insurance company.
XII. Credit Transactions
CASE FACTS
Land Bank Musni was the compulsory
of the heir of Jovita Musni (Jovita),
Philippines owner of a lot in Comillas, La
v. Musni | Paz, Tarlac. Musni filed before
G.R. No. the RTC of Tarlac a complaint
206343 | for reconveyance of land and
February 22, cancellation of TCT against
2017. Spouses Santos, Eduardo
Sonza (Eduardo), and Land
Bank. Musni alleged that
Nenita Santos falsified a Deed
of Sale, and caused the transfer
of title of the lot in her and her
brother Eduardo's name.
CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
Revocation as a form of A bilateral contract that
extinguishing an agency only depends upon the agency is
applies in cases of considered an agency coupled
incompatibility, such as when with an interest, making it an
the principal disregards or exception to the general rule
bypasses the agent in order to of revocability at will. Lim v.
deal with a third person in a Saban emphasizes that when
way that excludes the agent. In an agency is established for
this case, no such incapability both the principal and the
exists. The Spouses Briones' agent, an agency coupled with
claim for loss cannot be seen an interest is created and the
as an implied revocation of principal cannot revoke the
the agency or their way of agency at will.
excluding petitioner. They did
not disregard or bypass
petitioner when they made an
insurance claim; rather, they
had no choice but to
personally do it because of
their agent's negligence. This
is not the implied termination
or revocation of an agency
provided for under Article
1924 of the Civil Code.
HELD DOCTRINE
Petitioner is neither a The required degree of
mortgagee in good faith nor an diligence for banks is higher
innocent purchaser for value. for them to be considered to
Petitioner's defense that it be purchasers in good faith.
could not have known the
criminal action since it was not
a party to the case and that
there was no notice of lis
pendens filed by respondent
Musni, is unavailing. Had
petitioner exercised the degree
of diligence required of banks,
it would have ascertained the
Page 11 of 19
U.P. LAW BOC
CASE FACTS
Then the spouses Santos and
Eduardo mortgaged the lot to
Land Bank as security for their
loan. Land Bank claims that it
was a mortgagee in good faith
and an innocent purchaser for
value.
Sps. Agbisit was allowed to use the
Villaluz v. land owned by May Villauz as
LBP ad collateral. An REM over the
Register of subject of land was executed in
Deeds favor of Land Bank of the
G.R. No. Philippines for a 3M loan.
192602 | Only Php 995,000 of the 3M
January 18, loan was released. For being
2017 unable to pay, LBP foreclosed
the land. The Spouses Villaluz
sought to annul the auction
sale, contending that the REM
over the land was void for lack
of consideration, as the loan
was released 4 days before the
execution of the mortgage.
Mahinay v. A parcel of land under the
Dura Tire name of A&A Swiss was
& Rubber mortgaged to Dura Tire as
Industries security for credit purchases to
G.R. No. be made by Move Overland.
194152 | Subsequently, the land was
June 5, 2017 sold to Mahinay to which he
acknowledged the previous
mortgage agreement. For
A&A Swiss’s failure to pay, the
land was extrajudicially
foreclosed by Dura Tire. A
Certificate of Sale was issued
in favor of the highest bidder,
registered on February 20,
1995. Mahinay then filed a
complaint for the annulment
of the auction sale. This was
denied The decision regarding
this case became final and
executory on August 08, 2007.
Mahinay filed for judicial
declaration of right to redeem
on August 24, 2007.
CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
ownership of one of the
properties mortgaged to it.
The REM is valid for it has Although the validity of the
sufficient consideration. REM is dependent upon the
Article 1347 of the Civil Code validity of the loan, what is
provides that "all things which essential is that the loan
are not outside the commerce contract intended to be
of men, including future secured is actually perfected,
things, may be the object of a not at the time of the
contract. Under Articles 1461 execution of the mortgage
and 1462, things having a contract vis-a-vis the loan
potential existence and "future contract.
goods”. The Court held that
the phrase "did not exist"
should be interpreted as
"could not come into
existence" because the object
may legally be a future thing.
In this case, it is clear from the
terms of the mortgage
document, which expressly
provides that it is being
executed in "consideration of
certain loans, advances, credit
lines, and other credit facilities
or accommodations.
Section 6 of Act No. 3135 Since the period of
provides: In all cases in which an redemption is fixed, it cannot
extrajudicial sale is made under the be tolled or interrupted by the
special power hereinbefore referred filing of cases to annul the
to, the debtor, his successors in foreclosure sale or to enforce
interest or any judicial creditor or the right of redemption.
judgment creditor of said debtor, or
any person having a lien on the
property subsequent to the mortgage
or deed of trust under which the
property is sold, may redeem the
same at any time within the term of
one year from and after the date of
the sale; and such redemption shall
be governed by the provisions of
sections four hundred and sixty-four
to four hundred and sixty-six,
inclusive, of the Code of Civil
Procedure, in so far as these are not
inconsistent with the provisions of
this Act. The "date of the sale"
referred to in Section 6 is the
date the certificate of sale is
registered with the Register of
Page 12 of 19
U.P. LAW BOC
CASE FACTS
Miles v. Petitioners claimed that they
Bautista are registered owners in fee
Lao simple of a parcel of land in
G.R. No. Makati. When they left for the
209544 | USA, they entrusted the
November duplicate of the TCT to their
22, 2017 niece, defendant Lao, for her
to offer to interested buyers.
Instead of a SPA, petitioners
executed a falsified Deed of
Donation to spouses Ocampo.
A new TCT was thus issued in
the name of the spouses. The
spouses then executed a Real
Estate Mortgage in favor of
Lao, with the land as security.
Lao then foreclosed the
mortgage.
XIII. Land Titles and Deeds
CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
Deeds. This is because the sale
of registered land does not
"'take effect as a conveyance,
or bind the land' until it is
registered." The right of
redemption being statutory,
the mortgagor may compel the
purchaser to sell back the
property within the one (1)-
year period under Act No.
3135.
The Mortgagee in Good The Mortgagee in Good
Faith” Doctrine contemplates Faith” Doctrine contemplates
a situation where despite the a situation where despite the
fact that the mortgagor is not fact that the mortgagor is not
the owner of the mortgaged the owner of the mortgaged
property, his title being property, his title being
fraudulent, the mortgage fraudulent, the mortgage
contract and any foreclosure contract and any foreclosure
sale arising therefrom are sale arising therefrom are
given effect by reason of given effect by reason of
public policy. This doctrine public policy.
presupposes, however, that
the mortgagor, who is not the
rightful owner of the property,
has already succeeded in
obtaining Torrens title over
the property in his name and
that, after obtaining the said
title, he succeeds in
mortgaging the property to
another who relies on what
appears on the title. In cases
where the mortgagee does not
directly deal with the
registered owner of real
property, the law requires that
a higher degree of prudence be
exercised by the mortgagee. In
this case, the title of the
property under the name of
spouses Ocampo was already
registered as early as May 6,
1998, while the real estate
mortgage was executed
December 16, 1998. Hence, it
is clear that respondent had
every right to rely on the TCT
presented to her insofar as the
mortgagors' right of
ownership over the subject
property is concerned.
Page 13 of 19
U.P. LAW BOC
XIV. Torts and Damages
CASE FACTS
Abrogar v. Cosmos, jointly with
Cosmos Intergames, organized an
Bottling endurance running contest
Company billed as the "1st Pop Cola
and Junior Marathon" scheduled
Intergames, to be held on June 15, 1980.
Inc. | G.R. Plaintiffs' son Rommel
No. 164749 | applied with the defendants to
March 15, be allowed to participate in the
2017 contest and after complying
with defendants'
requirements, his application
was accepted and he was given
an official number. Rommel
was bumped by a jeepney that
was then running along the
route of the marathon on Don
Mariano Marcos Avenue and
in spite of medical treatment
given to him at the Ospital ng
Bagong Lipunan, he died later
that same day due to severe
head injuries. a claim for
damages arising from the
negligence was filed against
defendant. Defendants,
among others, claim that there
was an assumption of risk on
the part of Rommel.
CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
The Court considered the As a defense in negligence
"safeguards" employed and cases, the doctrine requires
adopted by Intergames not the concurrence of three
adequate to meet the elements, namely: (1) the
requirement of due diligence. plaintiff must know that the
Intergames had full awareness risk is present; (2) he must
of the higher risks involved in further understand its nature;
staging the race alongside and (3) his choice to incur it
running vehicles, and had the must be free and voluntary.
option to hold the race in a
route where such risks could
be minimized, if not
eliminated. But it did not heed
the danger already foreseen, if
not expected, and went ahead
with staging the race along the
plotted route on Don Mariano
Marcos Highway on the basis
of its supposedly familiarity
with the route.
The doctrine of assumption of
risk means that one who
voluntarily exposes himself to
an obvious, known and
appreciated danger assumes
the risk of injury that may
result therefrom. In this
case, Rommel could not have
assumed the risk of death
when he participated in the
race because death was neither
a known nor normal risk
incident to running a race.
Although he had surveyed the
route prior to the race and
should be presumed to know
that he would be running the
race alongside moving
vehicular traffic, such
knowledge of the general
danger was not enough, for
some authorities have
required that the knowledge
must be of the specific risk
that caused the harm to
him.He had every reason to
believe that the organizer had
taken adequate measures to
guard all participants against
any danger from the fact that
he was participating in an
organized marathon.
Page 14 of 19
U.P. LAW BOC
CASE FACTS
Dela Cruz v. Captain Renato Octaviano, a
Sps. military dentist, assigned at
Octaviano Chief Dental Service of AFP
G.R. No. Camp Aguinaldo, his mother
219649 | July and sister, rode a tricycle
26, 2017 driven by Eduardo Padilla.
Renato was about to pay the
tricycle driver when he looked
at the road and saw a light
from an oncoming car which
was going too fast. The car hit
the back portion of the
tricycle where Renato was
riding. Renato was brought to
the hospital where his leg was
amputated from below the
knee on that same night. A
civil case for damages against
Dela Cruz, the driver of the
car and the owner of the ca
was filed.
Our Lady of Mrs. Capanzana, a 40-year old
Lourdes nurse, was scheduled for her
Hospital v 3rd caesarean. A week before
Spouses her schedule, she went into
Capanzana active labor and was brought
GR No. to petitioner hospital for a
189218 | cesarean. She was found fit to
March 22, undergo surgery. After
2017 delivering, she was discharged
from recovery and transferred
to a regular room. 13 hours
after her operation, she was
brought to the ICU since she
was found to be showing signs
of amniotic fluid embolism.
Her symptoms showed no
improvement about a month
later. It was found that she
suffered from rheumatic heart
disease, which resulted into a
cardio-pulmonary arrest,
placing her in a vegetative
state. Spouses Capanzana
sued the hospital, along with
the doctors and the nurses
that attended Mrs. Capanzana.
CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
Negligence is the failure to To prove contributory
observe for the protection of negligence, it is still necessary
the interests of another to establish a causal link,
person that degree of care, although not proximate,
precaution, and vigilance between the negligence of the
which the circumstances justly party and the succeeding
demand, whereby such other injury.
person suffers injury.
As to whether the Renato and
the tricycle had contributory
negligence, the Court noted
that negligence is contributory
only when it contributes
proximately to the injury, and
not simply a condition for its
occurrence. In this case, the
causal link between the alleged
negligence of the tricycle
driver and Renato was not
established. Negligence per se,
arising from the mere
violation of a traffic statute,
need not be sufficient in itself
in establishing liability for
damages.
To successfully pursue a claim The plaintiff must show the
in a medical negligence case, following elements by
the plaintiff must prove that a) preponderance of evidence:
a health professional either (1) duty of the health
failed to do something which professional (2) breach of that
a reasonably prudent health duty, injury of the patient, and
professional would have or (3) proximate causation
have not done; and b) that the between the breach and the
action or omission caused injury. Also, an omission to
injury to the patient. In this perform a duty may constitute
case, the records show that the proximate cause of an
Mrs. Capanzana complained injury, if such would have
of difficulty in breathing prevented the injury.
before eventually turning blue However, there is no need for
(cyanosis). It was thus the duty absolute certainty that the
of the nurses to intervene injury is a consequence of the
immediately by informing the omission.
resident doctor. If they did so,
proper oxygenation could
have been resorted to and
other interventions could
have been performed without
wasting valuable time. The
Court has previously
emphasized that a higher
degree of caution and an
exacting standard of diligence
in patient management and
health care are required of a
hospital staff, since they deal
Page 15 of 19
U.P. LAW BOC
CASE FACTS
Reyes v. Security guards Doctolero and
Doctolero | Avila, both employed by
G.R. No. Grandeur Security and
185597 | Services Corporation were
Aug 2, 2017 involved in an altercation and
shooting incident with Joseph
and Mervin, both surnamed
Reyes in the parking area of
Makati Cinema Square (MCS),
one of the respondents in this
case. Petitioners allege that
Doctolero was the one who
showed unwarranted
aggressive behavior, while
Avila (the other security
guard) joined Doctolero.
Grandeur on the other hand
averred that the shooting
incident was caused by the
unlawful aggression of
petitioners who took
advantage of their “martial
arts” skills. Additionally,
Grandeur asserted that it
exercised the required
diligence in the selection and
supervision of its employees.
On the other hand, MCS
contends that it cannot be
held liable for damages simply
because of its ownership of
the premises where the
shooting incident occurred.
CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
with patients who seek urgent
medical assistance. A failure to
act may thus be a proximate
cause if it plays a substantial
part in bringing about an
injury. Also, an omission to
perform a duty may also
constitute the proximate cause
of an injury, but only where
such omission would have
prevented the injury. The
injury need not only be a
reasonable probable
consequence of the failure to
act. In other words, there is no
need for absolute certainty
that the injury is a
consequence of the omission.
Grandeur and MCS may not When the employee causes
be held vicariously liable for damage due to his own
the damages caused by negligence while performing
respondents Doctolero and his own duties, there arises the
Avila. As a general rule, one is juris tantum presumption that
only responsible for his own the employer is negligent,
act or omission. This general rebuttable only by proof of
rule is laid down in Article observance of the diligence of
2176 of the Civil Code, which a good father of a family. The
provides: Art. 2176. The law, “diligence of a good father”
however, provides for referred to in the last
exceptions when it makes paragraph of Article 2180
certain persons liable for the means diligence in the
act or omission of another. selection and supervision of
One exception is an employer employees. To rebut the
who is made vicariously liable presumption of negligence,
for the tort committed by his the employer must prove two
employee under paragraph 5 things: first, that it had
of Article 2180. exercised due diligence in the
It must be stressed, however, selection of the employees
that the above rule is and second, that after hiring
applicable only if there is an them, the employer had
employer-employee exercised due diligence in
relationship. With respect to supervising them.
MCS, there is no employer-
employee relationship. As to
grandeur, it was able to show
it exercised diligent
supervision over its
employees. Grandeur’s HRD
head, Ungui, likewise testified
on Grandeur’s standard
operational procedures,
showing the means by which
Grandeur conducts close and
regular supervision over the
security guards assigned to
Page 16 of 19
U.P. LAW BOC CIVIL LAW RECENT JURISPRUDENCE

CASE FACTS HELD DOCTRINE

Spouses For their trip to Thailand, the
Carbonell v. Spouses Carbonell obtained
Metropolitan several US$100 bills from
Bank and Metrobank. During their trip,
Trust five of the bills turned out to
Company be counterfeit. They alleged
G.R. No. that they had experienced
178467 | 26 emotional shock, mental
April 2017 anguish, public ridicule,
humiliation, insults and
embarrassment dueto the
counterfeit bills. Hence, they
filed a case for damages
against Metrobank.
their various clients. Grandeur
also submitted as evidence
certificates of attendance to
various seminars and the
memoranda both those
commending respondents for
their good works and
reprimanding them for
violations of various company
policies.
The General Banking Act of The law demands banks the
2000 demands of banks the highest standards of integrity
highest standards of integrity and performance.
and performance. Banks are
under obligation to treat the
accounts of their depositors
with meticulous care.
However, the banks'
compliance with this degree of
diligence is to be determined
in accordance with the
particular circumstances of
each case. Gross negligence
connotes want of care in the
performance of one's duties; it
is a negligence characterized
by the want of even slight
care, acting or omitting to act
in a situation where there is
duty to act, not inadvertently
but willfully and intentionally,
with a conscious indifference
to consequences insofar as
other persons may be
affected. In this case,
Metrobank exercised the
diligence required by law in
observing the standard
operating procedure, in taking
the necessary precautions for
handling the US dollar bills in
question, and in selecting and
supervising its employees.
BSP certified that the falsity of
the US dollar notes in
question, which were "near
perfect genuine notes," could
be detected only with extreme
difficulty even with the
exercise of due diligence. It is
true that the petitioners
suffered embarrassment and
humiliation in Bangkok. Yet,
we should distinguish
between damage and injury.

Page 17 of 19
U.P. LAW BOC
CASE FACTS
Spouses Spouses Latonio and their 8-
Latonio v. month-old son Ed Christian
McGeorge attended a Christmas party at
Food McDonald’s in Ayala Center,
Industries Cebu City. Wanting to have a
G.R. No. photo taken, Mary Ann
206184 | Latonio placed Ed Christian
December 6, on a chair in front of the
2017 mascot "Birdie." As photos
were about to be taken, Mary
Ann released her hold of Ed
Christian. Seconds later, the
child fell head first from the
chair onto the floor. They
filed a case for damages
against McGeorge.
Spouses Estrada was among the
Estrada v. passengers of the Philippine
Philippine Rabbit bus which figured in an
Rabbit Bus accident with an Isuzu truck
Lines owned by Cuyton and driven
G.R. No. by Urez. Before the collision,
203902 | July the bus was following closely
19, 2017 a jeepney. When the jeepney
stopped, the bus suddenly
swerved to the left
encroaching upon the rightful
lane of the Isuzu truck, which
resulted in the collision of the
2 vehicles. Estrada was injured
and his right arm was
amputated. Petitioners now
claim moral damages from PH
Rabbit lines.
CIVIL LAW RECENT JURISPRUDENCE
HELD DOCTRINE
Injury is the illegal invasion of
a legal right, damage is the
loss, hurt, or harm which
results from the injury; and
damages are the recompense
or compensation awarded for
the damage suffered. Thus,
there can be damage without
injury in those instances in
which the loss or harm was
not the result of a violation of
a legal duty.
McGeorge is not liable. Mary Proximate cause is defined as
Ann's negligence was the that cause, which, in natural
proximate cause of Ed and continuous sequence,
Christian's fall which caused unbroken by any efficient
him injury. Proximate cause is intervening cause, produces
defined as - that cause, which, the injury, and without which
in natural and continuous the result would not have
sequence, unbroken by any occurred.
efficient intervening cause,
produces the injury, and
without which the result
would not have occurred.
Despite Mary Ann's insistence
that she made sure that her
baby was safe and secured
before she released her grasp
on Ed Christian, her own
testimony revealed that she
had, in fact, acted negligently
and carelessly, in releasing
hold of her son.
Petitioners are not entitled to Moral damages are
moral damages. Since breach recoverable in an action for
of contract is not one of the breach of contract: (1) the
items enumerated under mishap results in the death of
Article 2219, moral damages, a passenger (2) the carrier is
as a general rule, are not guilty of fraud or bad faith.
recoverable in actions for Temperate damages may be
damages predicated on breach awarded in lieu of actual
of contract. As an exception, damages for loss of earning
such damages are recoverable capacity where earning
in an action for breach of capacity is plainly established
contract: (1) the mishap but no evidence was
results in the death of a presented to support the
passenger (2) the carrier is allegation of the injured
guilty of fraud or bad faith. party's actual income.
This case does not fall under
the exceptions. Actual
damages for loss/impairment
of earning capacity are also
not recoverable. In lieu
thereof, the Court awards
temperate damages. Actual or
Page 18 of 19
U.P. LAW BOC CIVIL LAW RECENT JURISPRUDENCE

CASE FACTS HELD DOCTRINE

compensatory damages are
those awarded in order to
compensate a party for an
injury or loss he suffered. To
be recoverable, they must be
duly proved with a reasonable
degree of certainty. A court
must depend upon competent
proof that they have suffered,
and on evidence of the actual
amount thereof.

Page 19 of 19