PH Law Digest

Summary:  BAYFORT sold to KEYSER Condominium Unit G on installment basis. The Contract to Sell was not registered with the Register of Deeds (RD) Manila.  Meanwhile, Sps Suntay won their case  against BAYFORT before the HLURB. HLURB rescinded the Contract to Sell between the two and ordered Bayfront to pay Sps Suntay P2,752,068.60 as purchase price with interest.   On Nov. 16, 1994, the HLURB issued a writ of execution. Sheriff of the RTC Manila levied Bayfront’s titled properties, including Unit G. The levy was duly recorded in the RD Manila on Jan 18, 1995. The auction sale was then conducted on Feb 23, 1995, and Sps Suntay were the highest bidder. Consequently, the Certificate of Sale in favor of Sps was issued. This was duly annotated at the back of CCT No. 15802 on April 7, 1995. Meanwhile, the Deed of Absolute Sale between Bayfront and Keyser involving Unit G was finally executed on Nov 9, 1995. But when Keyser was about to register the said deed, it disco...

Summary: June 30, 1982, Ederlinda Gallardo leased 2 parcels of land to Eulogia Manila for a period of 10 years. They also agreed that the lessee shall have the option to buy the property within 2 years from the date of execution of the contract of lease. The contract of lease expired on July 1, 1992 but the lessee continued in possession of the property despite a formal demand letter to vacate the same.  Sps Gallardo-Manzo, eventually, filed an action for ejectment against the Sps Ramon and Eulogia Manila, before the MeTC Las Pias City. MeTC ruled in favor of Sps Gallardo-Manzo ordering the defendants to vacate the subject parcels. Sps Manila appealed to the RTC Makati City. RTC Makati reversed the MeTC. and ordered Sps Gallardo-Manzo to execute a deed of absolute sale over that parcel of land after full payment of Sps Manila of the purchase price of P150k. Sps Manila filed a MR.  RTC denied the motion for having been filed beyond the 15-day period. Consequently, the decision...

Summary : Gregorio Estrada filed a complaint for damages against Corazon Ramirez Uy and Lucio Galaura, owner and driver, respectively, of an AC jeep for breach of their obligations as a common carrier, in view of the death of his wife while she was a passenger of the vehicle. Uy and Galaura filed their answers w/ counterclaim. - the proximate and only cause of the accident was the negligence of third persons (the drivers, Danilo Ang and Rodolfo D. Endino, of a Toyota pick-up truck, and a Ford pick-up truck respectively) over whom defendant Corazon Ramirez Uy had no supervision and control, and who were then driving their respective vehicles at a fast rate of speed and from different directions, as a result of which said vehicles collided, and because of that collision the Ford pick-up truck was deviated from its lane and hit the AC jeep. Uy and Galaura, afterwards, filed a motion for summary judgment against Estrada, stating that there was no genuine issue as to any material fact in th...

Summary:  Viveca Lim Yu filed against her husband, Philip Sy Yu, an action for legal separation and dissolution of conjugal partnership on the grounds of marital infidelity and physical abuse. During trial, Viveca moved for the issuance of a subpoena duces tecum and ad testificandum to certain officers of Insular Life Assurance Co. Ltd. to compel production of the insurance policy and application of a person suspected to be Philip's illegitimate child. RTC Pasig denied the motion. - the insurance contract is inadmissible evidence in view of Circular Letter No. 11-2000, issued by the Insurance Commission which prevents insurance companies/agents from divulging confidential and privileged information pertaining to insurance policies. Viveca sought reconsideration of the Order, but the motion was denied. Aggrieved, Viveca filed a petition for certiorari before the CA. CA reversed the RTC Order - Viveca was merely seeking the production of the insurance application and contract, an...

Summary:  Sansio filed a Complaint for Sum of Money and Damages against Sps Mogol before the MeTC of Manila. At the request of Sansio, the process server of the MeTC of Manila served the summons and the copy of the complaint on Sps Mogol at the courtroom of the MeTC of Manila, Branch 24. Sps Mogol referred the same to their counsel. The counsel took hold of the summons and the copy of the complaint and read the same. Thereafter, he pointed out to the process server that the summons and the copy of the complaint should be served only at the address that was stated in both documents, i.e., at 1218 Daisy St., Employee Village, Lucena City, and not anywhere else. The counsel of Sps   Mogol gave back the summons and the copy of the complaint to the process server. As the process server could not convince the Sps Mogol to sign for the aforementioned documents, he proceeded to leave the premises of the courtroom. The process server   issued a Return on Service of Summons, declar...

Summary:  Heirs of Naya filed a complaint for quieting of title, reconveyance of ownership, damages, and attorney's fees before the RTC Cebu City against Orlando Naya and Sps Ruiz involving a parcel of land at V. Rama Ave., Cebu City. RTC Cebu, however, dismissed the complaint for failure to state a cause of action and laches. RTC opined that the heirs alleged that the transactions were conducted through the deceit and fraudulent scheme of Orlando, yet, the heirs did not give details of the same, in violation of S5, Rule 8 of the RoC . CA affirmed the findings of the RTC. After their MR was denied by CA, the heirs filed a petition for Review on Certiorari before the SC. The heirs insisted that the case sufficiently avers grounds and facts that constitute a cause of action for quieting of title, and thus, should not have been dismissed. Likewise, the case was not barred by prescription and or laches. SC granted the petition. SC ruled that the averments in the heirs' complaint  ...