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
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.
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 air, said windows opening on the adjacent house, No. 63 of the same street. These windows have been in existence since the year […]
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 right to support beam on another’s wall Right of way because easement is only exercised when someone walks on it Aqueduct Yes, by […]
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, 1954 that he acquired the lot in question with the knowledge that an easement of right of way existed thereon (CFI Davao Mar […]
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 next first-born. – Barreto vs Tuason Purpose Permanence and non-diminishment of legitimes for full enjoyment of generations. “…desiring on the other hand to […]
Rizal Cement v. Villareal Digest
“A True Owner Reacts” Facts Private (R) Villlareal et. al. filed with CFI Rizal Application for Registration, alleging that they acquired the two agricultural lands by purchase from spouses Cervo, no encumbrance, and no other occupants. Prayer: Be brought under LRA and have the title confirmed and registered in their names. Property in question: Lots […]
Leung Yee v. Strong Machinery Co. Digest (1918)
“Registering a Property in Bad Faith” G.R. No. L-11658, Feb. 15, 1918 LEUNG YEE, plaintiff-appellant, vs. FRANK L. STRONG MACHINERY COMPANY (machinery) and J. G. WILLIAMSON, defendants-appellees. 3rd party: CAF = Compania Agricola Filipina (seller of building to Strong, owns the land) Facts Leung Yee (the buyer of mortgaged property) FILED a petition against Strong […]
Berkenkotter vs. Cu Unjieng Digest (1935)
“A Loan that Became Real Property” Facts Mabalacat Sugar Central (MS Co) decided to improve its sugar cane mill, so it borrowed money from Mr. Berkenkotter. In exchange, MS Co mortgaged the sugar cane mill. When it received the loan, it purchased additional machinery and attached it to the existing sugar central. Again, they used […]
Ago vs. CA Digest
“When Machines Become Real Property” GR 17898; Oct. 31, 1962 PARTIES:Pastor D. Ago, petitioner vs. Hon. CA, Hon. Ortiza Judge of CFI Agusan, Provincial Sheriff of Surigao, and Grace Park Engineering MY NAME FOR THIS CASEWhen machines become real estate. Facts In 1957, Pastor Ago bought sawmill machineries and equipments from (R) Grace Park Engineering […]
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