The Paquete Habana Case Digest (on customary law)

Facts When US and Spain were at war in 1898, the US gunboat and steamship captured fishing vessels under the Spanish flag called the Paquete Habana and Lola. The said fishing vessels navigated near Cuba but were seized because of alleged violations of international law, specifically the laws of nations regarding the rights of neutrals […]

Last Palmas/Miangas Island Case Digest

Full title: The Island of Las Palmas/Miangas Case (Netherlands v. United States), Arbitral Award of 1928 [on sovereignty over land] Facts Palmas is a small island with a population of about 750 located between Mindanao and Nanusa under the Netherlands Indies. (100 miles East/South East of General Santos City) and the Dutch East Indies (Indonesia). […]

Denmark V. Norway Digest

Full title: Legal Status of Eastern Greenland (Denmark V. Norway), PCIJ Judgment of 5 September 1933 [on sovereignty over land] Full text facts Denmark and Norway disputed over the legal status of Eastern Greenland because on July 10th, 1931, Norway published a proclamation declaring that it had proceeded to occupy certain territories in Eastern Greenland, […]

Gibbs v. Government Digest

Facts Mr. Allison and Mrs. Eva Gibbs were citizens of California USA and were domiciled therein. During their marriage, they acquired lands in the Philippines including the the three titles mentioned in this case. In 1929, Eva died intestate. CFI Manila appointed Allison as the administrator of her estate and later ruled that he is […]

The Asylum Case (Colombia v. Peru) Digest

ICJ Judgment of 20 November 1950 Facts A military rebellion broke out in Peru. Haya was denounced as responsible and his arrest was ordered. In January 1949, Haya sought diplomatic asylum in the Colombian Embassy in Lima, Peru. The Ambassador of Colombia (“The Ambassador”) requested that Haya be given safe passage to leave Peru. Peru […]

The Paquete Habana Case Digest

175 U.S. 677 (1900) [on custom] Facts The case involved fishing vessels called the Paquete Habana and Lola, which navigated near Cuba but were seized by the U.S. government for alleged violations of international law, specifically the laws of nations regarding the rights of neutrals during a war. They were seized as a prize of […]

The Asylum Case (Columbia v. Peru) Digest

[on custom] For custom (CIHL) to be definitely proven, it must be continuously and uniformly executed. Uniformity and generality of practice need not be complete, but it must be substantial. Here, Colombia failed to prove the existence of a constant and uniform practice that the State of refuge has the right to grant refuge and […]

Rebusquillo and Orosco v. Sps. Galves Digest

GR.R. No. 204029, June 4, 2014 Facts A Petition for Review on Certiorari has been filed under Rule 45 assailing the Decision and Resolution of the Court of Appeals (CA) in CA-G.R. CV No. 93035. The case is about annulment and revocation of an Affidavit of Self-Adjudication and a Deed of Absolute Sale which was […]

Heirs of Teofilo Gabatan vs. CA Digest

Heirs of Teofilo Gabatan vs. CA, G.R. 150206, March 13, 2009 Facts Lourdes Pacana filed a Complaint for Recovery of Property and Ownership and Possession,  alleging that she is the sole owner of a 1.1062 hectare land in Calinugan, Balulang, CDO, identified as Lot 3095 C-5, having inherited it from her deceased mother (Hermogena), which […]

Montañer vs. Shari’a District Court, et al Digest

G.R. 174975, January 20, 2009 Facts After the death of Alejandro Montañer Sr., Liling and Almahleen, both muslims, filed a “complaint” for the judicial partition of properties before the Shari’a District Court in Marawi. They alleged Alejandro Sr was a Muslim, they are the first family, and requested for the estimated value of the estate […]