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Case Digest: Limjoco vs. Intestate of Fragante, G.R. No. L-770, April 27, 1948

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                                             Art. 774, 776 | Succession, Legal Personality Provision: Art. 774.  Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. Art. 776.  The inheritance includes all the property, rights and obligations of a  person which are not extinguished by his death. Principle: The estate of a deceased person is also considered as having legal personality independent of their heirs. Ponente: Hilado, J. Facts: Pedro O. Fragante applied for a certificate of public convenience to install, maintain and operate an ice plant in San Juan, Rizal. On May 21, 1946, the Public Service Commission rendered its decision approving the operation ...

Case Digest: Estate of Hemady vs. Luzon Surety Co., Inc., G.R. No. L-843 , November 28, 1956

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                                            Art. 774, 776 | Succession, Transmissibility  Provision: Art. 774.  Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. Art. 776.  The inheritance includes all the property, rights and obligations of a  person which are not extinguished by his death. Art. 1311. Contracts take effect only as between the parties, their assigns and heirs, except in the case where the rights and obligations arising from the contract are not transmissible by their nature, or by stipulation or by provision of law.  The heirs is not liable beyond the value of the property he received from the decedent. Ponente: Reyes, J.B. L. Facts...

Case Digest: National Housing Authority vs. Almeida, G.R. No. 162784, June 22, 2007

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                                           Art. 774 | Succession, Sinumpaang Salaysay  Provision: Art. 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. Ponente: Puno, C.J. Facts: In 1959 , the Land Tenure Administration (LTA) awarded Margarita Herrera land portions in Tunasan Estate, San Pedro, Laguna. LTA was succeeded by Department of Agrarian Reform (DAR). DAR was succeeded by National Housing Authority (NHA). Margarita Herrera had two children: Beatriz Herrera-Mercado and Francisca Herrera . Beatriz predeceased her mother, and left heirs.  In  1971 , Margarita Herrera passed away. In 1974 , Francisca Herrera claimed exclusive legal heir status via Deed...

Case Digest: Angela M. Butte vs. Manuel Uy & Sons, Inc. G.R. No. L-15499, February 28, 1962

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                                         Art. 776, 777 | Succession, Right of Legal Redemption Provision: Art. 776. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. Art. 777. The rights to the succession are transmitted from the moment of the death of the decedent. Art 947. The legatee or devisee acquires a right to the pure and simple legacies or  devisees from the death of the testator, and transmits it to his heirs.  Ponente: Reyes, J.B.L., Facts: Jose V. Ramirez co-owned a house and lot with five others.  In 1951 , Jose V. Ramirez died, leading to estate settlement in a special proceeding including the one-sixth (1/6) undivided share in the said property. His will bequeathed his estate to children, grandchildren, and one-third (1/3) of the free portion to Mrs. Angela M. Butte . Proceed...

Legal Ethics

C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES Supreme Court Members of the Supreme Court may be removed from office on  impeachment for, and conviction of, culpable violation of the  Constitution, treason, bribery, graft and corruption, other high  crimes, or betrayal of public trust (Sec 2, Article XI, 1987  Constitution ). The SC has administrative supervision over all lower courts and  their personnel ( Art. VIII, Sec. 6.) and exclusive power to  discipline judges of lower courts ( Art. VIII, Sec. 11 ). The Ombudsman is duty bound to refer to the SC all cases  against judges and court personnel. Rule: The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a  vote of majority of the Members who actually took part in the deliberations on the issues in the case and voted  thereon (Section 11, Article VIII, Constitution). Qualification: (1) In principle, the Supreme Court...