An extra-contractual obligation that is created whenever a person voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter. This juridical…
Author: Bryan Villarosa
Test of Genuineness of Handwriting
Not formation and visual inconsistencies but the resemblance of characters; in general character; impressed by involuntary, unconscious, permanent. – Spouses Eduarte vs. CA
Laches
Is the failure to assert a right or neglect to exercise due diligence for an unreasonable length of time. Also called “estoppel by laches” is the negligence or omission to assert a…
Donation Inter Vivos vs. Mortis Causa
How to Ascertain Designation of the deed of donation must be construed together with the rest of the instrument, in order to give effect to the real intent of the transferror. –…
Fraud and Undue Influence
Fraud There is fraud when, through the insidious (crafty, deceptive, tricky) words or machinations of one of the contracting parties, the other is induced to enter into a contract which, without them, he would not…
Pactum Commissorium
A stipulation in a contract which provides that the creditor or pledgee will automatically appropriate the thing mortgaged or pledged as security for a principal obligation when the debtor or pledgor did…
A. Francisco Realty and Development Corp. v. CA Digest
“Automatic Appropriation of Mortgage is Void” Facts Petitioner Francisco Realty (Realty) granted a loan of P7.5 Million to respondent spouses Javillonar (the spouses). The spouses executed a mortgage of their house in…
Notarial Prohibition
A document that commences the 10 years prescription of a negative easement; It is a notice that officially prohibits the owner of a servient estate from obstructing light and view.
Positive vs. Negative Easement
Elements Positive Easement Negative Easement Act of servient estate’s owner Must allow the owner of dominant estate or the latter must do something Must refrain from doing something lawful Commencement of acquisitive…
Cortes vs. Yu-Tibo Digest
My Title: My Windows Were Covered by My Neighbor Facts The house of the plaintiff Maximo in Calle Rosario, house No. 65, has certain windows therein, through which it receives light and…