Del Castillo Case Doctrines
Summaries of case doctrines penned by Justice Del Castillo.
G.R. No. 184823, October 6, 2010
In the computation of years, the Administrative Code of 1987, which provides that a year is composed of 12 calendar months, prevails over the provisions of the Civil Code, the former being the more recent law.
Estrelita Juliano-Llave v. Republic of the Philippines
G.R. No. 169766, March 30, 2011
The law in effect at the time of the celebration of the parties’ marriage shall govern the parties’ relationship. Thus, the provision of the Muslim Code which took effect on February 4, 1977, cannot be applied retroactively to the parties’ marriage which was celebrated when the Civil Code provisions were still in effect.
Estrella Aduan Opriano v. Spouses Antonio Tomas and Myrna Tomas
G.R. No. 178611, January 14, 2013
There is forum shopping when an annulment involving the same subject matter, issues, and parties is filed after a final judgment was rendered in a collection case to pay the supposed balance of the price. This judgment presupposes a valid sale, therefore, a declaration of nullity in the annulment case cannot be had.
Francisco Lim v. Equitable PCI Bank
G.R. No. 183918, January 15, 2014
The presumption that the property is conjugal under Article 160 of the Civil Code does not apply when the property is registered in the name of only one of the spouses and there is no showing as to when the property was acquired by the said spouse.
Nicolas Matudan v. Republic of the Philippines
G.R. No. 203284, November 14, 2016
Psychological incapacity under Article 36 of the Family Code must be characterized by 1) gravity; 2) juridical antecendence; and 3) incurability (JIG). Otherwise, there is no psychological incapacity to speak of.
Republic of the Philippines v. Jose Sarenogon, Jr.
G.R. No. 199194, February 10, 2016
One of the four essential requisites for the judicial declaration of presumptive death under Article 41 of the Family Code is that the present spouse has a well-founded belief that the absentee is dead. “Well-founded belief” is complied only upon a showing of sincere honest-to-goodness efforts made by the present spouse to ascertain the whereabouts of the absent spouse.
Spouses Bill and Victoria Hing v. Alexander Choachuy, Sr. and Allan Choachuy
G.R. No. 179736, June 26, 2013
Article 26(1) of the New Civil Code covers business offices where the public excluded therefrom. The reasonableness of a person’s expectation of privacy depends on a two-part test, to wit: 1) whether by his conduct the individual has exhibited an expectation of privacy; and 2) this expectation is one that society recognizes as reasonable.
Spouses Charlie Fortaleza and Ofelia Fortaleza v. Spouses Raul Lapitan and Rona Lapitan
G.R. No. 178288, August 15, 2012
There can be a forced sale of a family home for debts secured by mortgages on the premises before or after the constitution of the family home. Additionally, while the family home is constituted from the time it is occupied as a family residence and is exempt from execution or foreclosure under Article 153 of the Family Code, the claim for such must be set up and proved to the sheriff before the sale of the property at public auction.
Valerio Kalaw v. Ma. Elena Fernandez
G.R. No. 166357, September 19, 2011
Psychological incapacity is the downright incapacity or inability to take cognizance of and to assume the basic marital obligations. An expert’s opinion, based solely on the plaintiff’s allegation, is insufficient to prove psychological incapacity.
G.R. No. 174489, April 11, 2012
Consistent with Article 779 of the Civil Code, the state of being forgetful does not necessarily make a person mentally unsound as to render him unfit to execute a will.
Lazaro Pasco and Lauro Pasco v. Heirs of Filomena De Guzman
G.R. No. 165554, July 26, 2010
Heirs have an interest in the preservation of the estate and recovery of its properties at the moment of the decedent’s death subject only to the latter’s liabilities. In accordance with Article 777 of the Civil Code.