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

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

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?

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

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

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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The two causes of action, one to compel recognition and the other to claim inheritance, may be joined in one complaint

Preliminaries aside, we now tackle the main issues. Petitioner refuses to recognize Martin as his own child and denies the genuineness and authenticity of the child’s birth certificate which he purportedly signed as the father. He also claims that the … Continue reading

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An Overview of the Paternity and Filiation Suit

Petitioner raises the issue of whether a DNA test is a valid probative tool in this jurisdiction to determine filiation.  Petitioner asks for the conditions under which DNA technology may be integrated into our judicial system and the prerequisites for … Continue reading

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