Category Archives: Civil Law

The Interest Rate and Penalty Charge of 3% Per Month or 36% Per Annum Should Be Reduced to 2% Per Month or 24% Per Annum. Hence, courts may reduce them as reason and equity demand

Posted on July 25, 2014 by Erineus

The Interest Rate and Penalty Charge of 3% Per Month or 36% Per Annum Should Be Reduced to 2% Per Month or 24% Per Annum. In its Complaint, respondent BPI originally imposed the interest and penalty charges at the rate … Continue reading →

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Subrogation Defined

Posted on July 18, 2014 by Erineus

Article 2207 of the Civil Code reads: Art. 2207. If the plaintiff’s property has been insured and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained … Continue reading →

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When does a person or group guilty of unjust enrichment?

Posted on February 3, 2012 by Erineus

As a rule, a contract is perfected upon the meeting of the minds of the two parties.  Under Article 1475[13] of the Civil Code,a contract of sale is perfected the moment there is a meeting of the minds on the … Continue reading →

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Conveyances by virtue of a forged signature are void ab initio

Posted on January 27, 2012 by Erineus

At this point, however, we should clarify that the proper basis for the nullity of the forged pacto de retro sale is not Article 1409[30] (which enumerates examples of void contracts) in relation to Article 1505[31] (which refers to an … Continue reading →

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The admissibility of DNA testing as a means for determining paternity

Posted on January 25, 2012 by Erineus

On the second issue, petitioner posits that DNA is not recognized by this Court as a conclusive means of proving paternity. He also contends that compulsory testing violates his right to privacy and right against self-incrimination as guaranteed under the … Continue reading →

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