[ G.R. No. 170166, April 06, 2011 ]

JOE A. ROS AND ESTRELLA AGUETE, PETITIONERS, VS.PHILIPPINE NATIONAL BANK - LAOAG BRANCH, RESPONDENT.

Art. 160. All property of the marriage is presumed to belong to the conjugal partnership, unless it be proved that it pertains exclusively to the husband or to the wife.

Art. 161. The conjugal partnership shall be liable for:

(1) All debts and obligations contracted by the husband for the benefit of the conjugal partnership, and those contracted by the wife, also for the same purpose, in the cases where she may legally bind the partnership;

(2) Arrears or income due, during the marriage, from obligations which constitute a charge upon property of either spouse or of the partnership;

(3) Minor repairs or for mere preservation made during the marriage upon the separate property of either the husband or the wife; major repairs shall not be charged to the partnership;

(4) Major or minor repairs upon the conjugal partnership property;

(5) The maintenance of the family and the education of the children of both husband and wife, and of legitimate children of one of the spouses;

(6) Expenses to permit the spouses to complete a professional, vocational or other course.

Art. 166. Unless the wife has been declared a non compos mentis or a spendthrift, or is under civil interdiction or is confined in a leprosarium, the husband cannot alienate or encumber any real property of the conjugal partnership without the wife's consent. If she refuses unreasonably to give her consent, the court may compel her to grant the same.

Art. 173. The wife may, during the marriage, and within ten years from the transaction questioned, ask the courts for the annulment of any contract of the husband entered into without her consent, when such consent is required, or any act or contract of the husband which tends to defraud her or impair her interest in the conjugal partnership property. Should the wife fail to exercise this right, she or her heirs after the dissolution of the marriage may demand the value of the property fraudulently alienated by the husband.

[ G.R. No. 149193, April 04, 2011 ]

RICARDO B. BANGAYAN, PETITIONER, VS. RIZAL COMMERCIAL BANKING CORPORATION AND PHILIP SARIA, RESPONDENTS.

“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.” (Civil Code, Art. 2199)

“Indemnification for damages shall comprehend not only the value of the loss suffered but also that of the profits which the obligee failed to obtain.” (Civil Code, Art. 2200)

[ G.R. No. 171406, April 04, 2011 ]

ASIAN TERMINALS, INC., PETITIONER, VS. MALAYAN INSURANCE, CO., INC., RESPONDENT.

“Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.” (Civil Code, Art. 2176)

“The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible.

… The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions.

Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. The responsibility treated of in this article shall cease only when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.” (Civil Code, Art. 2180)

[ G.R. No. 190823, April 04, 2011 ]

DOMINGO CARABEO, PETITIONER, VS.SPOUSES NORBERTO AND SUSAN DINGCO, RESPONDENTS.

“A thing is determinate when it is particularly designated or physical segregated from all other of the same class.

The requisite that a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable of being made determinate without the necessity of a new or further agreement between the parties.” (Civil Code, Art. 1460)

[ G.R. No. 171129, April 06, 2011 ]

ENRICO SANTOS, PETITIONER, VS. NATIONAL STATISTICS OFFICE, RESPONDENT.

“A lessee or a bailee is estopped from asserting title to the thing leased or received, as against the lessor or bailor.” (Civil Code, Art. 1436)

[ G.R. No. 180282, April 11, 2011 ]

CRISPIN DICHOSO, JR., EVELYN DICHOSO VALDEZ, AND ROSEMARIE DICHOSO PE BENITO, PETITIONERS,vs. PATROCINIO L. MARCOS, RESPONDENT.

“The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity.

Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate.

In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance. This easement is not compulsory if the isolation of the immovable is due to the proprietor’s own acts.”

(Civil Code, Art. 649)

“The easement of right of way shall be established 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.”

(Civil Code, Art. 650)

[ G.R. No. 188715, April 06, 2011 ]

RODOLFO N. REGALA, PETITIONER, VS. FEDERICO P. CARIN, RESPONDENT.

“Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.” (Civil Code, Art. 2176)

“Moral damages may be recovered in the following and analogous cases:

(1) A criminal offense resulting in physical injuries (2) Quasi-delicts causing physical injuries; (3) Seduction, abduction, rape, or other lascivious acts; (4) Adultery or concubinage; (5) Illegal or arbitrary detention or arrest; (6) Illegal search; (7) Libel, slander or any other form of defamation; (8) Malicious prosecution; (9) Acts mentioned in Article 309; (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.

The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages.The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named.” .” (Civil Code, Art. 2219)

“Willful injury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such damages are justly due. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.” (Civil Code, Art. 2220)

[ G.R. No. 179010, April 11, 2011 ]

ELENITA M. DEWARA, REPRESENTED BY HER ATTORNEY-IN-FACT, FERDINAND MAGALLANES, PETITIONER, VS. SPOUSES RONNIE AND GINA LAMELA AND STENILE ALVERO, RESPONDENTS.

“The conjugal partnership shall be liable for:

(1) All debts and obligations contracted by the husband for the benefit of the conjugal partnership, and those contracted by the wife, also for the same purpose, in the cases where she may legally bind the partnership; (2) Arrears or income due, during the marriage, from obligations which constitute a charge upon property of either spouse or of the partnership; (3) Minor repairs or for mere preservation made during the marriage upon the separate property of either the husband or the wife; major repairs shall not be charged to the partnership; (4) Major or minor repairs upon the conjugal partnership property; (5) The maintenance of the family and the education of the children of both the husband and wife, and of legitimate children of one of the spouses; (6) Expenses to permit the spouses to complete a professional, vocational or other course.” (Civil Code, Art. 161)

“The payment of debts contracted by the husband or the wife before the marriage shall not be charged to the conjugal partnership.

Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership.

However, the payment of debts contracted by the husband or the wife before the marriage, and that of fines and indemnities imposed upon them, may be enforced against the partnership assets after the responsibilities enumerated in Article 161 have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership such spouse shall be charged for what has been paid for the purposes above-mentioned.” (Civil Code, Art. 163)

[ G.R. No. 183984, April 13, 2011 ]

ARTURO SARTE FLORES, PETITIONER, VS. SPOUSES ENRICO L. LINDO, JR. AND EDNA C. LINDO, RESPONDENTS.

“The administration and enjoyment of the conjugal partnership property shall belong to both spouses jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of contract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.” (Family Code, Art. 124)

“Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.” (Civil Code, Art. 22)

[ G.R. No. 169627, April 06, 2011 ]

ROSEMARIE SALMA ARAGONCILLO-MOLOK, PETITIONER, VS. SITY AISA BARANGAI MOLOK, RESPONDENT.

“Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.” (Family Code, Art. 1)

[ G.R. No. 173870, April 25, 2012 ]

OSCAR DEL CARMEN, JR., PETITIONER, VS. GERONIMO BACOY, GUARDIAN AND REPRESENTING THE CHILDREN, NAMELY: MARY MARJORIE B. MONSALUD, ERIC B. MONSALUD, METZIE ANN B. MONSALUD, KAREEN B. MONSALUD, LEONARDO B. MONSALUD, JR., AND CRISTINA B. MONSALUD, RESPONDENTS.

“The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though

the former are not engaged in any business or industry. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable.Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.” (Civil Code, Art. 2180)

[ G.R. No. 161909, April 25, 2012 ]

PHILTRANCO SERVICE ENTERPRISES, INC., PETITIONER, VS. FELIX PARAS AND INLAND TRAILWAYS, INC., AND HON. COURT OF APPEALS, RESPONDENTS.

“Damages in cases comprised in this Section shall be awarded in accordance with Title XVIII of this Book, concerning Damages. Article 2206 shall also apply to the death of a passenger caused by the breach of contract by a common carrier.” (Civil Code, Art. 1764)

“The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though there may have been mitigating circumstances. In addition:(1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death; (2) If the deceased was obliged to give support according to the provisions of Article 291, the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court; (3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased.” (Civil Code, Art. 2206)

“Willful injury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such damages are justly due. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.” (Civil Code, Art. 2220)

[ G.R. No. 183308, April 25, 2012 ]

INSULAR INVESTMENT AND TRUST CORPORATION, PETITIONER, VS. CAPITAL ONE EQUITIES CORP. (NOW KNOWN AS CAPITAL ONE HOLDINGS CORP.) AND PLANTERS DEVELOPMENT BANK, RESPONDENTS.

“If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control.

If the words appear to be contrary to the evident intention of the parties, the latter shall prevail over the former.” (Civil Code, Art. 1370)

[ G.R. No. 170865, April 25, 2012 ]

PHILIPPINE NATIONAL BANK, PETITIONER, VS. SPOUSES CHEAH CHEE CHONG AND OFELIA CAMACHO CHEAH, RESPONDENTS.

[G.R. NO. 170892]

SPOUSES CHEAH CHEE CHONG AND OFELIA CAMACHO CHEAH, PETITIONERS, VS. PHILIPPINE NATIONAL BANK, RESPONDENT.

“If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises. (Civil Code, Art. 2154)

[ G.R. No. 193261, April 24, 2012 ]

MEYNARDO SABILI, PETITIONER, VS. COMMISSION ON ELECTIONS AND FLORENCIO LIBREA, RESPONDENTS.

“In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.

If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.

The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith. (Family Code, Art. 148)

[ G.R. No. 163657, April 18, 2012 ]

INTERNATIONAL MANAGEMENT SERVICES/MARILYN C. PASCUAL, PETITIONER, VS. ROEL P. LOGARTA, RESPONDENT.

“Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.” (Civil Code, Art. 8)

[ G.R. No. 180898, April 18, 2012 ]

PHILIPPINE CHARTER INSURANCE CORPORATION, PETITIONER, VS. PETROLEUM DISTRIBUTORS & SERVICE CORPORATION RESPONDENT.

“Liquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof. (Civil Code, Art. 2226)

[ G.R. No. 193415, April 18, 2012 ]

SPOUSES DAISY AND SOCRATES M. AREVALO, PETITIONERS, VS. PLANTERS DEVELOPMENT BANK AND THE REGISTER OF DEEDS OF PARAÑAQUE CITY, RESPONDENTS.

“The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him.

The injured party may choose between the fulfillment and the rescission of the obligation, with the payment of damages in either case. He may also seek rescission, even after he has chosen fulfillment, if the latter should become impossible.

The court shall decree the rescission claimed, unless there be just cause authorizing the fixing of a period.

This is understood to be without prejudice to the rights of third persons who have acquired the thing, in accordance with Articles 1385 and 1388 and the Mortgage Law.” (Civil Code, Art. 1191)

[ G.R. No. 189127, April 25, 2012 ]

NATIONAL POWER CORPORATION, PETITIONER, VS. SPOUSES BERNARDO AND MINDALUZ SALUDARES, RESPONDENTS.

“No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation.” (Civil Code, Art. 435)

[ G.R. No. 184528, April 25, 2012 ]

NILO OROPESA, PETITIONER, VS. CIRILO OROPESA, RESPONDENT.

“After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other and manage their respective property.

The husband shall continue to manage the conjugal partnership property but if the court deems it proper, it may appoint another to manage said property, in which case the administrator shall have the same rights and duties as a guardian and shall not be allowed to dispose of the income or of the capital except in accordance with the orders of the court.” (Civil Code, Art. 104)