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1. Article 36 of the FamilyCode

refers to a serious psychological illness afflicting a party evenbefore the celebration ofthe marriage. These are the disorders that result in the utter insensitivity or inability ofthe afflicted party to give meaning and significance to the marriage he or she

has contracted. Psychological incapacity must refer to no less than a mental (notphysical) incapacity that causes a party to be truly in cognitive of the basic maritalcovenants that concomitantly must be assumed and discharged by the parties to themarriage.

2. Articles 147 and 148 of the Family Code.Code applies to union of parties who are legally capacitated and notbarred by anyimpediment to contract marriage, but whose marriage is nonetheless voidSuch aspetitioner and respondent in the case before the Court. The trial court erred in orderingthat a decree of absolute nullity of marriage shall be issued only after liquidation, partitionand distribution of the parties properties

Articles 50 and 51 of the Family CodeIt is clear from Article 50 of the Family Code that Section 19(1) of the Rule applies onlyto marriages which are declared void ab initio or annulled by final judgment under

Articles 40 and 45 of the Family Code. In short, Article 50 of the Family Code does notapply to marriages which are declared void ab initio under Article 36 of the Family Code,which should be declared void without waiting for the liquidation of the properties of theparties.Implemented under the Rule on Liquidation, Partition and Distribution ofProperties.

3. PD 957. Contract to sell defaulted on its loan obligationSubdivision and Condominium buyer's Protective Decree (as amended by P.D. 1216)REGULATING THE SALE OF SUBDIVISION LOTS AND CONDOMINIUMS,PROVIDING PENALTIES FOR VIOLATIONS

4. Article 816 of the Civil Code

States that the will of an alien who is abroad produces effect in the Philippines if madein accordance with the formalities prescribed by the law of the place where he resides,or according to the formalities observed in his country.

5. The issue of ownership,This case is about the proper characterization of a dispute between the president of acorporation and a stockholder, both heirs to the corporations controlling shares ofstock, over the lease of a property that the president agreed to assign to the stockholderas her inheritance.

The Court has ruled in the past that an action to recover possession is a plenary actionin an ordinary civil proceeding to determine the better and legal right to possess,independently of title
http://www.lawphil.net/judjuris/juri2011/jan2011/gr_178044_2011.html#fnt8http://www.lawphil.net/judjuris/juri2011/jan2011/gr_178044_2011.html#fnt8


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6. Pursuant to the Article and Plan of Merger362.541 Articles of merger. After a plan of merger is approved by each domestic orforeign limited partnership, limited liability company, or corporation that is a party to themerger, the surviving domestic or foreign limited partnership, limited liabilitycompany, or corporation shall deliver to the Secretary of State for filing articles

of merger duly executed by each party to the merger setting

7. Rule 1.01, Canon 1 of the Code of Professional Responsibility which provides thata lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct

8. Civil Procedure: Parties Rules 3, Sec 11 states that neither misjoinder nor non-joinder of parties is a ground for the dismissal of an action . -

9.Art. 1167. If a person obliged to do something fails to do it, the same shall beexecuted at his cost.This same rule shall be observed if he does it in contravention ofthe tenor of the obligation. Furthermore, it may be decreed that what has been poorly

done be undone.

Art. 1170. Those who in the performance of their obligations are guilty of fraud,negligence, or delay, and those who in any manner contravene the tenor thereof, areliable for damages.

Art. 2201. In contracts and quasi-contracts, the damages for which the obligor whoacted in good faith is liable shall be those that are the natural and probableconsequences of the breach of the obligation, and which the parties have foreseen orcould have reasonably foreseen at the time the obligation was constituted.

Except as provided by law or by stipulation, one is entitled to an adequatecompensation only for such pecuniary loss suffered by him as he has dulyproved. Such compensation is referred to as actual or compensatory damages.

10. Article 694 of the Civil Code defines nuisance as any act, omission,establishment, business, condition or property, or anything else that (1) injures orendangers the health or safety of others; (2) annoys or offends the senses; (3) shocks,defies or disregards decency or morality; (4) obstructs or interferes with the free passageof any public highway or street, or any body of water; or, (5) hinders or impairs the use ofproperty. A nuisance may beper se orper accidens. A nuisanceperse is that whichaffects the immediate safety of persons and property and may summarily be abatedunder the undefined law of necessity

11. Article 1678, the lessor has the option of paying one-half of the value of theimprovements that the lessee made in good faith, which are suitable to the use forwhich the lease is intended, and which have not altered the form and substance of the


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land. On the other hand, the lessee may remove the improvements should the lessorrefuse to reimburse

12 Article 2199 of the New Civil Code defines actual or compensatory damages asfollows:. Except as provided by law or by stipulation, one is entitled to an adequate

compensation only for such pecuniary loss suffered by him as he has duly proved. Suchcompensation is referred to as actual or compensatory damages.

13. Civil Code, Art. 1358. The following must appear in a public document:Acts and contracts which have for their object the creation, transmission, modification orextinguishment of real rights over immovable property; sales of real property or of aninterest therein are governed by Articles 1403, No. 2 and 1405.

14. Article 1226 of the Civil Code further provides that if the obligor refuses to pay thepenalty, such as in the instant case, damages and interests may still be recovered ontop of the penalty. Damages claimed must be the natural and probable consequences

of the breach, which the parties have foreseen or could have reasonably foreseen at thetime the obligation was constituted

15. Article 2224 of the Civil Code for the loss she suffered Damages; actual,temperate; moral; exemplary and attorneys fees. In determining actual damages,one cannot rely on mere assertions, speculations, conjectures or guesswork, butmust depend on competent proof and on the best evidence obtainable regardingspecific facts that could afford some basis for measuring compensatory or actualdamages.

16. Article 1988 of the Civil Code, which states: the thing deposited must be returned

to the depositor upon demand, even though a specified period or time for such returnmay have been fixed.

17 Art. 1306 of the Civil Code guarantees the freedom of parties to stipulate the termsof their contract provided that they are not contrary to law, morals, good customs, publicorder, or public policy.

18. Article 2232 of the Civil Code of the Philippines provides that, in contracts andquasi-contracts the court may award exemplary damages if the defendant acted in a"wanton, fraudulent ,reckless, oppressive or malevolent manner." In the case at bar,petitioner's driver and, hence, its agent has been found guilty of recklessness. No suchfinding had been made in the Bautista case. Moreover, under Article 2208 of the same

Code, attorney's fees other than judicial costs may be awarded "when exemplarydamages are awarded."

19 Article 2199 of the New Civil Code defines actual or compensatory damages asfollows: Except as provided by law or by stipulation, one is entitled to an adequatecompensation only for such pecuniary loss suffered by him as he has duly proved.Such compensation is referred to as actual or compensatory damages.


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Article 2217 of the Code, which provides:

Art. 2217. Moral damages include physical suffering, mental anguish, fright,serious anxiety, besmirched reputation, wounded feelings, moral shock, socialhumiliation, and similar injury. Though incapable of pecuniary computation,

moral damages may be recovered if they are the proximate result of thedefendants wrongful act or omission.

20 Article 1157 of the Civil Code the lessor has the option of paying one-half of thevalue of the improvements that the lessee made in good faith, which are suitable to theuse for which the lease is intended, and which have not altered the form and substanceof the land. On the other hand, the lessee may remove the improvements should thelessor refuse to reimburse

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