Lex Defender

Facts: On 24 November 1986, Jose and Felisa were married in the Pasay City Hall, officiated by Rev. Tomas V. Atienza. Instead of a marriage license, Jose and Felisa executed a sworn affidavit, dated also 24 November 1986, attesting that they were both of age of maturity, and the being unmarried, they lived together as husband as wife. On 07 July 1993, Jose filed a Complaint for Annulment and/or Declaration of Nullity of Marriage with the Regional Trial Court, Biñan, Laguna, Branch 25. He alleged that his marriage to Felisa was sham, as no marriage ceremony was celebrated between the parties; that he did not execute the sworn affidavit that indicated he and Felisa were living as husband and wife for at least five years; and that his consent to the marriage was secured through fraud (‘pikot’). In his Compliant, he became a boarder at Felisa’s hourse in 1986. Some three weeks later, Felisa asked him to accompany her to Pasay City Hall, to claim a package from her brother, who is based...

Facts: On 24 November 1986, Jose and Felisa were married in the Pasay City Hall, officiated by Rev. Tomas V. Atienza. Instead of a marriage license, Jose and Felisa executed a sworn affidavit, dated also 24 November 1986, attesting that they were both of age of maturity, and the being unmarried, they lived together as husband as wife. On 07 July 1993, Jose filed a Complaint for Annulment and/or Declaration of Nullity of Marriage with the Regional Trial Court, Biñan, Laguna, Branch 25. He alleged that his marriage to Felisa was sham, as no marriage ceremony was celebrated between the parties; that he did not execute the sworn affidavit that indicated he and Felisa were living as husband and wife for at least five years; and that his consent to the marriage was secured through fraud (‘pikot’). In his Compliant, he became a boarder at Felisa’s hourse in 1986. Some three weeks later, Felisa asked him to accompany her to Pasay City Hall, to claim a package from her brother, who is base...

Facts: Two days (02 September 1954) before their wedding day, 04 September 1954, Velez left his bride, Wassmer, leaving a note that the wedding will not push through due to his mother's objections. On 03 September 1954, Velez sent a telegram to Wassmer assuring her that nothing has changed. Nothing was heard from Velez from thereon. Wassmer sued for damages. Velez didn't respond and was declared in default. On 29 April 1955, the court ordered the defendant to pay the plaintiff PhP 2,000 as actual damages; PhP 25,000 as moral and exemplary damages; PhP 2,500 as attorney's fees; and the costs. The defendant tried to appeal the Court's decision but was not followed through by the defendant. Later, an attempt by the Court to have an amicable settlement between the two parties but failed. Issue: Is a breach of promise to marry is actionable wrong in this case. Held: A breach of promise to marry is not an actionable wrong. But when a couple went through the mot...

Facts: In 23 March 1995, Cirilo Roy Montejo filed a petition of cancellation and disqualification with the COMELEC charged that Imelda Romualdez-Marcos did not meet the 1-residency requirement under the Constitution. In 29 March 1995, she filed belatedly a corrected certificate of candidacy changing the entry “seven months” to “since childhood”. COMELEC decided en banc she is denied the belated amendment to her COC, thereby ruling that she is not qualified to run as congressman for the 1st district of Leyte. Issue: Is Imelda Romualdez-Marcos a resident of the area for one year prior to running as congresswoman? Held: Yes, she is qualified to run as congresswoman. An individual does not loose his domicile even if he is maintaining several residences in several areas. The concepts of residence and domicile is somewhat interchangeable but is not. Residence refers to a place of dwelling, whether permanent or temporary. Domicile refers to a place of a person's habitual re...

Facts: Mary Grace Natividad Sonora Poe-Llamanzares was found abandoned as an infant in a church in Jaro, Iloilo. She was later adopted by celebrity couple Fernando Poe, Jr. and Susan Roces. Upon reaching her 18th birthday, she registered as a voter. After initially studying in a local university, she continued her studies in the United States. After graduating from college, she got married and stayed in the United States to be with her husband. There, she became a mother to 3 children and acquired a US citizenship. She returned to the Philippines to take care of his father - who eventually died. After much thought and discussion with her husband, they decided to go back to the Philippines to be close to her mother. She regained her Filipino citizenship by 2006. She served in government as Chairperson of the MTRCB. By 2011, she renounced her US citizenship. She ran and won as Senator in the 2013 elections, wherein her period of residence was 6 years and 6 months. She deci...

Boy Scouts of the Philippines (BSP) versus Commission on Audit (COA) General Register No. 177131, 07 June 2011 Facts: On 19 August 1999, COA issued resolution no. 99-011 stating that the BSP, being a government-controlled corporation and a government instrumentality, is to be subjected to audit by COA. This is based on the following:Commonwealth Act No. 111, as amended by Presidential Decree No. 460 and Republic Act No. 7278; and the Supreme Court ruling on Boys Scouts of the Philippines v. National Labor Relations Commission (G.R. No. 80767, 22 April 1991, 196 SCRA 176). BSP responded to COA in a letter dated 26 November 1999, written by BSP National President Jejomar C. Binay, concurrently the Vice-President of the Philippines, stated BSP's position: (i) that BSP is not a government-controlled corporation since only the Secretary of Education sits on their National Executive Board (ii) that BSP only get donations and funds from the government from time to time a...

Title: The people of the Philippines versus Sendaydiego, et. al.; Province of Pangasinan versus Heirs of L. P. Sendaydiego Note: This case digest shall focus on the civil action against the estate of L.P. Sendaydiego Facts: In 1969, Licero P. Sendaydiego (provincial treasurer), Juan G. Samson (employee of Carried Construction Supply Company, Dagupan City), and Anastacio Quirimit (provincial auditor) faced three cases of malversation through falsification. The cases arised from the six provincial vouchers forged in order to embezzle from the road and bridge fund amounting to PhP 57, 048.23. The lower court found Sendaydiego and Samson guilty while Quirimit was acquitted. Sendaydiego and Samson appealed to the Supreme Court. On 05 October 1976, Sendaydiego died. His appeal as to his criminal liability was dismissed. Death extinguished his crimina liability remained. Issue: Is the estate of Sendaydiego liable to pay for civil damages? Held: Yes. The Supreme Court issued the follow...

General Register No. 138322, 02 October 2001 Grace J. Gracia, a.k.a. Grace J. Gracia – Recio, Petitioner versus Rederick A. Recio, Respondent I. Facts On 01 March 1987, Rederick A. Recio, a Filipino citizen, married Editha Samson, an Australian citizen, in Malabon, Rizal. They lived together as a couple in Australia till their divorce was granted by an Australian family court on 18 May 1989. By 26 June 1992, the respondent became an Australian citizen. On 12 January 1994, the petitioner, a Filipina, and respondent married in a church wedding at Cabanatuan City, Nueva Ecija. By 22 October 1995, the petitioner and the respondent lived separately without prior judicial dissolution of their marriage. On 16 May 1996, their conjugal assets were divided as per their Statutory Declarations secured in Australia. On 03 March 1998, the petitioner filed a Compliant for Declaration of Nullity of Marriage in the court a quo , on the ground of bigamy. She only learned of the r...

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