A proceeding quasi in rem is one brought against persons seeking to subject the property of such persons to the discharge of the claims assailed.61 In an action quasi in rem, an…
Action in rem
Actions in rem are actions against the thing itself. They are binding upon the whole world.59 The phrase, “against the thing,” to describe in rem actions is a metaphor. It is not…
The Herod in Us (A Poem)
(A poetic reflection. Days after Christmas, when wisemen came to visit.) The Herod in us Doesn’t want His presence The King to govern our lives Is a thought that threatens This King…
Negotiorum Gestio
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…
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…