Case Insights

HEIRS OF ROGER JARQUE v. MARCIAL JARQUE (G.R. No. 196733) Nov 21, 2018 Facts: Laureano Jarque (Laureano) was married to Seravanda Hagos (Servanda) with whom he had four children namely: Roger, Lupo, Sergio, and Natalia. The petitioners are the heirs of Roger, the original plaintiff in this case. On the other hand, respondents are the living children of Lupo. Petitioner claims that since the death of Laureano in 1956, their father, Roger, inherited Lot No. 2560 and exercised all attributed ownership and possession over it. Upon the death of Servanda, their children orally partitioned the properties of their parents among themselves such that Lot No. 2560 was ceded to Roger. Roger mortgaged the lot twice, and on the second one, Lupo, his brother, was the one who redeemed the property.…

Xander and Yolly were in a live-in relationship for 10 years when they have a daughter, Zoey. They finally decided to get married the year after Zoey was born, When Xander's parents were told about the news, they were thrilled and thus, gave Zoey in the form of a donation, a gold ring family heirloom worth P250,000.00. Xander and Yolly orally accepted the gift on behalf of their minor child. One day, Xander and Yolly had a huge issue that led to separation, thus their marriage plans were canceled. Is the donation to Zoey valid? No, it is a void donation. This is an ordinary donation inter vivos, not a donation proper nuptias. The Civil Code provides that if the value of the personal property donated exceeds five thousand pesos,…

Linda met an American online and had a long-distance romantic relationship. She soon moved to the US and married him. The marriage did not last long and they divorced 5 years later. Linda went back to the Philippines after the divorce was finalized. Here she met her childhood friend Ricky and they decided to be together as a couple. Can Linda remarry? Yes, the legal effects of the divorce decree may be recognized in the Philippines, and consequently, capacitate Linda to remarry. According to the case of Republic v. Manalo [G.R. No. 221029, April 24, 2018], the Court established that under Paragraph 2 of Article 26 of the Family Code, a Filipino citizen has the capacity to remarry under Philippine law after initiating a divorce proceeding abroad and obtaining a…