Atty. Bryan Villarosa

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

Continuous vs. Discontinuous Easements

Element Continuous Discontinuous Use Incessant Intervals or intermittent Usage by human interruption No Yes Establishment Human action Human action Exercise No human action Needs human action Example The easement of drainage, and

Jabonete vs. Monteverde Digest

“The Right of Way that Did Not Transfer to the Next Owner” Facts On May 12, 1954, Antonio Legaspi received a copy of CFI Davao decision entitled Jabonete v. Monteverde et al. dated Mar 11,

Redhibitory Defect

Are those defects in the article sold which the seller is bound to warrant. Such defects render the thing sold as (1) unfit for the use it was intended; (2) diminish its

Mayorazgo

is the right to succeed to the property left upon the condition that it be preserved perpetually intact in the family and that it be transmitted in order of succession to each

Caveat Emptor

the purchaser acquires no higher or better right that the seller.

Biased Witness

when his relation to the cause or to the parties is such that he has an incentive to exaggerate or give false color to his statements, or to suppress or to pervert

Criminal Negligence

Imprudence is an act of carelessness (reckless imprudence) which, had it been intentional, would otherwise constitute a felony (Article 365 of RPC): If grave felony: Arresto mayor max to prision correccional medium

Circumstantial Evidence

evidence that “indirectly proves a fact in issue through an inference which the fact-finder draws from the evidence established. Resort thereto is essential when the lack of direct testimony would result in

Conspiracy

Agreed and decided to commit. Conspiracy exists when two or more persons come to an agreement concern the commission of a felony and decide to commit it. Article 8 of the Revised Penal