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family code
Civil Law•Family Code•Law School Notes

Treyes vs. Larlar

June 11, 2023 by Vala No Comments

G.R. No. 232579. September 8, 2020.

FACTS:

Rosie, the wife of petitioner Treyes, passed away. Rosie, who did not bear any children with petitioner Treyes, died without any will. Rosie also left behind seven siblings, i.e., the private respondents Antonio, Emilio, Heddy, Rene, Celeste, Judy, and Yvonne. At the time of her death, Rosie left behind 14 real estate properties, situated in various locations in the Philippines, which she owned together with petitioner Treyes as their conjugal properties (subject properties). Petitioner Treyes executed two Affidavits of Self-Adjudication which transfers the estate of Rosie unto himself, claiming that he was the sole heir of his deceased spouse, Rosie. 

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Reading time: 8 min
Civil Law•Family Code•Law School Notes

Rosanna Tan-Andal vs Mario Andal

by Vala No Comments

GR No. 196359; May 11, 2021.

DOCTRINE:

Psychological incapacity is neither a mental incapacity nor a personal disorder that must be proven through expert opinion.

FACTS:

Rosanna filed for a petition for declaration of nullity of marriage on the ground of Mario’s psychological incapacity to comply with his essential marital obligations to her.  Mario was diagnosed with narcissistic antisocial personality disorder and substance abuse disorder with psychotic features. 

The RTC voided the marriage. The CA reversed RTC’s ruling on the ground that the psychiatric evaluation of Mario is “unscientific and unreliable” since he was not interviewed. 

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Reading time: 4 min
Law School Notes

Florante F. Manacop, petitioner, vs. Court of Appeals

Law School Notes - Case Digest
November 10, 2020 by Vala No Comments

G.R. No. 97898. August 11, 1997.*

PANGANIBAN, J.:

FACTS:

In 1972, petitioner Florante F. Manacop and his wife purchased a residential lot. The petitioner was later sued by E & L Mercantile, Inc for collection of  indebtedness which instead of filing an answer, petitioner and his company entered into a compromise agreement. On July 15, 1986, private respondent filed a motion for execution which the lower court granted. The sheriff levied and sold several vehicles and other personal properties of petitioner in partial satisfaction of the judgment debt.

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Law School Notes

Spouses Eduardo vs. Hon. Court of Appeals

Law School Notes - Case Digest
by Vala No Comments

G.R. No. 164740. July 31, 2006.*

CHICO-NAZARIO, J.:

FACTS:

In 1993, Private respondent Dr. Victoria Ong granted a P1,000,000.00 loan to Dolores Ledesma and as a security for said loan, the latter issued a check and executed a deed of real estate mortgage over her house and lot. Thereafter, Ledesma sold the said house and lot to Versola spouses for P2,500,000.00. The petitioner spouses paid P1,000,000 as down payment however, they were only able to pay P50,000 for the remaining amount. To raise the full amount, petitioners spouses applied for a loan with Asiatrust Bank, Inc. The parties convened at a scheme wherein petitioner spouses will pay for obligation of Ledesma to Dr. Ong. However, when Asia­trust tried to register the Real Estate Mortgage there was an existing obligation to a certain Miladay’s Jewels, Inc., in the amount of P214,284.00 that caused the refusal to release the loan.

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