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Law School Notes•Obligation and Contracts

Uson vs. Del Rosario, et al.

Law School Notes - Case Digest
May 15, 2021 by RedTint No Comments

No. L-4963. January 29, 1953

FACTS

This is an action for the recovery of the ownership and possession of five (5) parcels of land  situated in the municipality of Labrador, Province of Pangasinan, filed by Maria Uson against  Maria del Rosario and her four children. 

Maria Uson, plaintiff-appellee, the lawful wife of Faustino Nebreda, who upon his death in 1945  left the lands involved in this litigation. However, Maria del Rosario, a common law wife of the  late Faustino Nebreda took possession of the said lands. Del Rosario claimed that in 1931, Uson and the late Faustino, executed a public document whereby they agreed to separate as husband  and wife and, in consideration of their separation, Maria was given a parcel of land by way of  alimony and in return she renounced her right to inherit any other property that may be left by  her husband upon his death. Del Rosario also contends that her children are given the status  and rights of natural children and are entitled to the successional rights, and because these  successional rights were declared for the first time in the new code, they shall be given  retroactive effect. 

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Law School Notes•Obligation and Contracts

Uy Soo Lim vs. Tan Unchuan

Law School Notes - Case Digest
by RedTint No Comments

No. 12605. September 7, 1918

FACTS 

Santiago Pastrano, a Chinese national, is married to Candida Vivares, wherein they have 2  daughters – Francisca and Concepcion. At the time of this marriage, Santiago possessed very  little property and the large estate left by him at his death was acquired by him during his  marriage with Candida Vivares. When Santiago returned to China, he had an illicit relationship  with Chan Quieng. He returned to the Philippines and never saw Chan Quieg again, but  received letters from her informing him that she had borne him a son, Uy Soo Lim, the present  plaintiff. Santiago died without even seeing his son and with the belief that he is his  only son, he dictated the provisions of his will disposing a greater part of his properties to  his son. A couple of suits were filed questioning the distribution of the estate. Francisca and  Concepcion filed that Uy Soo Lim should not be entitled under law to the amount assigned  to him for the reason that the marriage of Chan Quieg with Santiago was null and void and  that Uy Soo Lim was not a son of Santiago, either legitimate or illegitimate 

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Civil Law•Law School Notes•Obligation and Contracts

Evangelista vs. Alto Surety & Ins. Co., Inc.

Law School Notes - Case Digest
by RedTint No Comments

No. L-11139. April 23, 1958
Concepcion, J., Ponente

FACTS

In 1949, Santos Evangelista, instituted Civil Case for a sum of money in CFI – Manila. He obtained a writ of attachment, which was levied upon a house, built by Rivera on a land situated in Manila and leased to him, and filed a copy with the Office of the Register of Deeds of Manila. The  judgment was rendered in favor of Evangelista, who bought the house at public auction in 1951. The deed of sale was issued to him in October 1952, after expiration of redemption period. 

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Law School Notes

Raul V. Arambulo And Teresita A. Dela Cruz vs. Genaro Nolasco And Jeremy Spencer Nolasco

Law School Notes - Case Digest
by RedTint No Comments

G.R. No. 189420. March 26, 2014
Ponente: Perez, J.,

FACTS

Petitioners Raul V. Arambulo and Teresita A. Dela Cruz, along with their mother Rosita Vda. De Arambulo, and siblings Primo V. Arambulo, Ma. Lorenza A. Lopez, Ana Maria V. Arambulo, Maximiano V. Arambulo, Julio V. Arambulo and Iraida Arambulo Nolasco (Iraida) are co-owners of two (2) parcels of land located in Tondo, Manila, with an aggregate size of 233 square meters. When Iraida passed away, she was succeeded by her husband, respondent Genaro Nolasco and their children. 

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