G.R. No. 94723, August 21, 1997

FACTS:

Greg Bartelli, an American tourist, lured petitioner Karen Salvacion, then 12 years old, to go with him to his apartment. Greg Bartelli detained Karen Salvacion for four days and raped the child three times each day. 

Greg Bartelli was charged for Serious Illegal Detention and for four (4) counts of Rape. On the same day, petitioners filed with the Regional Trial Court of Makati for damages with preliminary attachment against Greg Bartelli. 

A notice of garnishment was served to China Banking Corporation, where the dollar account of the private respondent was deposited. However,  The defendant  – China Banking Corporation, invoked Section 113 of Central Bank Circular No. 960 to the effect that the dollar deposits of defendant Greg Bartelli are exempt from attachment, garnishment, or any other order or process of any court, legislative body, government agency or any administrative body, whatsoever.

G.R. No. 141010. February 7, 2007

FACTS

BF Homes Parañaque Subdivision is the largest subdivision in the country. On 11 November 1997, the Municipal Council of Parañaque enacted Municipal Ordinance No. 97-085 entitled, “An Ordinance Prescribing the Comprehensive Land Use Plan & Zoning of the Municipality of Parañaque Pursuant to the Local Government Code of 1991 and Other Pertinent Laws.” Sections 11.5 and 11.6 of Municipal Ordinance No. 97-08, reclassifying El Grande and Aguirre Avenues in BF Homes Parañaque from residential to commercial areas.

In 1998, petitioners alleged that the reclassification of certain portions of BF Homes Parañaque from residential to commercial zone is unconstitutional because it amounts to impairment of the contracts between the developer of BF Homes Parañaque and the lot buyers. Petitioners cited the annotation on the lot buyers’ titles which provides that “the property shall be used for residential purposes only and for no other purpose.” Public respondents alleged that the passage of Municipal Ordinance No. 97-08 is a valid exercise of police power by the Municipal Council of Parañaque and that such ordinance can nullify or supersede the contractual obligations entered into by the petitioners and the developer.

The Court of Appeals held that the enactment was a valid exercise of police power by the Municipality.

FACTS:

In May 1925, West Coast Life Insurance issued a joint life insurance policy for P15,000 to Bernardo Argente, and his wife, Vicenta de Ocampo.  In November 1925, Vicenta de Ocampo died of cerebral apoplexy. Thereafter Bernardo Argente presented a claim in due form to the West Coast Life Insurance Co. for the payment of the sum of P15,000 the amount of the joint life insurance policy.

During the investigations, it was found that the answers given by the insured in their medical examinations with regard to their health and previous illnesses and medical attendance were untrue. For that reason, the West Coast Life Insurance Co. refused to pay the claim of Bernardo Argente on the ground of fraud and misrepresentation.

Appellant argues that the alleged concealment was immaterial and insufficient to avoid the policy.

FACTS:

On May 12, 1962, Kwong Nam applied for a 20-year endowment insurance on his life for the sum of P20,000.00, with his wife, appellee Ng Gan Zee, as beneficiary. On the same date, Asian Crusader, upon receipt of the required premium from the insured, approved the application and issued the corresponding policy. On December 6, 1963, Kwong Nam died of cancer of the liver with metastasis. All premiums had been religiously paid at the time of his death.

On January 10, 1964, his widow Ng Gan Zee presented a claim in due form to appellant for payment of the face value of the policy. Appellant denied the claim on the ground that the insured was guilty of misrepresentation when he answered “No” to the following question appearing in the application for life insurance—