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DR. POLICARPIO C. ALISOSO v. TARCELA LASTIMOSO

This case has been cited 4 times or more.

2014-02-18
ABAD, J.
In regard to the crime that targets child pornography, when "Google procures, stores, and indexes child pornography and facilitates the completion of transactions involving the dissemination of child pornography," does this make Google and its users aiders and abettors in the commission of child pornography crimes?[68] Byars highlights a feature in the American law on child pornography that the Cybercrimes law lacks the exemption of a provider or notably a plain user of interactive computer service from civil liability for child pornography as follows:No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider and cannot be held civilly liable for any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene...whether or not such material is constitutionally protected.[69]
2008-04-30
VELASCO JR., J.
Being inextricably intertwined, we tackle both issues together. Petitioners, citing Article 494 of the Civil Code[24] and Art. 1965 of the Spanish Civil Code, aver that the right to ask partition is proper only where co-ownership is recognized. They also suggest that no co-ownership obtains in this case considering that no less than Tirso avers in his complaint in Civil Case No. 1332 that from the time of Don Fabian's death in 1948, the lots in question have been in the exclusive, adverse, and public possession of the Cagampang spouses. Assayed against this perspective, petitioners submit that partition is not proper, ergo unavailing, but an action for reconveyance which is subject to the rules on extinctive prescription.
2007-02-21
AUSTRIA-MARTINEZ, J.
The subject matter of the instant controversy is the 56,804-square meter portion of the 76,804-sq m lot located in Echague, Isabela originally covered by Original Certificate of Title (OCT) No. 2524 of the Register Deeds of Isabela under the names of Rosa and Cirila Dumaliang.  In May 1965, Gumabon and Guiab together with some of the heirs[9] of the Dumaliang sisters conveyed 20,000 sq m of the lot covered by OCT No. 2524 in favor of Damiano Serban (respondent Damiano) by virtue of an Extra-Judicial Partition of Estate and Deed of Absolute Sale dated May [10], 1965.  However, on July 19, 1965, Transfer Certificate of Title (TCT) No. 26676 was issued in respondent Damiano's name covering the entire lot on the basis of a Deed of Extra-Judicial Settlement and Sale[11] dated June 20, 1962.