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P H I L I P P I N E L AW C A S E D I G E S T S E T C .
T H I S S I T E I S F O R S T U D E N T S W H O N E E D H E L P W I T H T H E I R C A S E L O A D S F O R L AW S C H O O L .
T H ES E CA S ES W ER E H A NDED TO U S , A ND T H EN DI G ES T ED A ND I W O U LD LI K E TO S H A R E I T W I T H
Y O U G U Y S . I F Y O U N E E D T O S H A R E I T W I T H O T H E R S L I K E P R I N T I N G I T O U T. P L E A S E C I T E T H E
W E B PA G E A S T O G I V E C R E D I T T O W H O M T H E C R E D I T I S D U E T H A N K S . L E AV E Y O U R C O M M E N T S
B ELO W !

NOV 29, 2009

Civil Law 2 Olivia Navoa and Ernesto Navoa vs.


Court of Appeals, Teresita Domdoma and
Eduardo Domdoma
This case is with regard to Art 1169 of the NCC Delay

F OL L OW BY E M AI L

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TO L O O K F O R C A S E S FA S T E R :

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Olivia Navoa and Ernesto Navoa vs. C.A., Teresita Domdoma and
Eduardo Domdoma
GR No 59255 20December1995

COUNTER

Facts:
On December 1977 Teresita Domdoma and Eduardo Domdoma filed a
case with the RTC for collection of various sums of money based on
loans given by them to Olivia Navoa. They cased was dismissed on the
ground that there was no cause of action and that the Domdomas do

C A S E S B Y TO P I C

not have no capacity to sue. They appealed to the C.A. and was

absurd conclusion (3)

granted a favourable decision.

Attorney's Fees (1)

There were 6 instances in which the Domdomas gave Olivia Navoa a

Battered Woman Syndrome (1)

loan. The first instance is when Teresita gave Olivia a diamond ring

Bouncing Checks (1)

valued at 15,000.00 which was secured by a PCIB check under the

Conspiracy (1)

condition that if the ring was not returned within 15 days from

Construction of Insurance Policy (1)

August 15, 1977 the ring is considered sold. Teresita attempted to


deposit the check on November 1977 but the check was not honoured
for lack of funds. After this instance, there were other loans of
various amounts that were extended by Teresita to Olivia, loans

Criminal Law (10)


Criminal Law 2 (2)
culpa aquiliana (1)

which were secured by PCIB checks, which were all dated to 1 month

Culpable felony (1)

after the loan. All these checks were not honoured under the same

Damages (3)

reason as the first loan.

Delay (1)

Issue:

Discernment (1)

Was the decision of the RTC to dismiss the case due to having no

executive privilege (1)

cause of action valid?


NO, A cause of action is the fact or combination of facts which
affords a party a right to judicial interference in his behalf.
For the first loan it is a fact, that the ring was considered sold to
Olivia Navoa 15 days after August 15, 1977, and even then, Olivia

exempting circumstances (1)


Fortuitous Events (1)
general provisions (2)
headnotes (1)

Navoa failed to pay the price for the ring when the payment was due

Homicide (3)

(check issued was not honoured. Thus it is confirmed that Teresitas

Insanity (1)

right under the agreement was violated.

Insurance (2)

As for the other loans extended by Teresita to Olivia, they were all

interest (3)

secured by PCIB checks. It can be inferred that since the checks were

Justifying Circumstance (1)

all dated to 1 month after the loan, it follows that the loans are then
payable 1 month after they were contracted, and also these checks

law is clear (2)


Legal Profession (1)

were dishonoured by the bank for lack of funds.

Legislature (2)

Olivia and Ernesto Navoa failed to make good the checks that were

minority (1)

issued as payment for their obligations. Art 1169 of the Civil Code is

Mitigating (3)

explicit: those obliged to deliver or to do something incur in delay


from the time the obligee judicially or extrajudicially demands from
them the fulfilment of the obligations, the continuing refusal of
Olivia and Ernesto Navoa to comply with the demand of payment
shows the existence of a cause of action.

ObliCon (13)
Parricide (1)
Political Law (2)
Potestative Condition (2)
Power of Inquiry (1)

Held:

Quantum Meruit (2)

The petition is DENIED and the decision of the C.A. remanding the

Quasi Contract (2)

case to the RTC for trial on the merits is affirmed.

Quasi delicts (1)


R.A. 9262 (1)

Obligations and Contracts terms:


Security A means of ensuring the enforcement of an obligation or of
protecting some interest in property. It may be personal or property
security.

Rape (1)
rebellion (2)
Reciprocal Obligations (1)

Cause of Action is the fact or combination of facts which affords a

Robbery (1)

party a right to judicial interference in his behalf. The requisites for

Security (1)

a cause of action are: (a) a right in favour of the plaintiff by

Self defense (2)

whatever means and under whatever law it arises or created, (b) an

Sources of Contracts (1)

obligation on the part of the defendant to respect and not to violate

statutory construction (9)

such right; and, (c) an act or omission on the part of the defendant

Strict Interpretation (1)

constituting a violation of the plaintiffs right or breach of the


obligation of the defendant to the plaintiff.

Treachery (1)
unconscionable (1)

I hope this helps.


Jeff David

F OR RE SE ARCH N E E D S

P O S T ED B Y J EFFDAV I D1986 AT 9: 43 P M

AUSL Jurisprudence

LA B ELS : DELAY , O B LI CO N, S ECU R I T Y


R EA CT I O NS :

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funny (0)

interesting (0)

cool (0)

House of Representatives Statutes


MerriamWebster Dictionary
Definitions

N O COM M EN TS :
H I ! W E L C O M E TO M Y B L O G .

P OS T A COM M EN T
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CASE D I G E STS

2011 (4)
2010 (2)
2009 (37)
December (6)
November (7)
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October (1)
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