Consider the following problem based on a question in the 1973 Civil Law bar exam: “D borrowed ₱3,000,000 from C in 2014. The debt is evidenced by a promissory note executed by D wherein he promised to pay as soon as he has money or as soon as possible. C has made repeated demands upon…
Miguel had a legitimate son named Arturo, while Arturo had a daughter named Angela, born out of a common law relationship between Arturo and Susan. Arturo died in 1978 while Miguel died without a will in 1999. Under the law on succession, a grandchild may inherit by right of representation from the estate of her…
The judicial titling of alienable and disposable agricultural lands was simplified by R.A. No. 11573, which took effect on 1 September 2021. Specifically, R.A. No. 11573 streamlined the procedure and the requirements for judicial confirmation of imperfect title under Section 48 of the Public Land Act and Section 14 of the Property Registration Decree. The…
The Dead Man’s Statute was provided for in Section 23, Rule 130 of the 1989 Rules on Evidence: “SEC. 23. Disqualification by reason of death … of adverse party. — Parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative…
May a court motu proprio render judgment on the pleadings under the 2019 Rules of Civil Procedure? Section 1, Rule 34 of the Rules of Court provides that “[w]here an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s pleading, the court may, on motion of that party,…
Question No. 13(a) from the 2002 Remedial Law Bar Examination reads as follows: “Delia sued Victor for personal injuries which she allegedly sustained when she was struck by a car driven by Victor. May the court receive in evidence, over proper and timely objection by Delia, a certified true copy of a judgment of acquittal…
The Rules on Expedited Procedures in the First Level Courts (REPFLEC) which took effect on 11 April 2022 provide for a new Rule on Small Claims and a new Rule on Summary Procedure (2022 RSP). The REPFLEC provides that its provisions, particularly the 2022 RSP, shall apply to ejectment cases or actions for forcible entry…
Article 36 of the Family Code provides that “[a] marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations” shall be void. In the landmark case of Tan-Andal v. Andal, G.R. No. 196359, 11 May 2021, the Supreme Court en banc held that psychological incapacity…
Under the Law on Sales, “[t]he ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof.” (Article 1477, Civil Code). There is actual delivery when the thing sold is placed in the control and possession of the buyer (Article 1497, Civil Code). On the other hand, constructive…
The Department of Justice (DOJ) recently issued Department Circular No. 008 dated 10 February 2023. The circular directs prosecutors to assess criminal cases pending before the first-level courts (municipal trial courts, metropolitan trial courts, and municipal trial courts in cities) and to file motions to withdraw the information if the prosecutor determines that there is…