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JOSEFA BAUTISTA FERRER v. SPS. MANUEL M. FERRER AND VIRGINIA FERRER AND SPS. ISMAEL M. FERRER AND FLORA FERRER

This case has been cited 3 times or more.

2010-08-25
BRION, J.
Article 120 of the Family Code, which supersedes Article 158 of the Civil Code, provides the solution in determining the ownership of the improvements that are made on the separate property of the spouses, at the expense of the partnership or through the acts or efforts of either or both spouses. Under this provision, when the cost of the improvement and any resulting increase in value are more than the value of the property at the time of the improvement, the entire property of one of the spouses shall belong to the conjugal partnership, subject to reimbursement of the value of the property of the owner-spouse at the time of the improvement; otherwise, said property shall be retained in ownership by the owner-spouse, likewise subject to reimbursement of the cost of the improvement. [41]
2009-10-02
BRION, J.
Section 2, Rule 2 of the 1997 Rules of Civil Procedure defines a cause of action as the act or omission by which a party violates the right of another. It is the delict or the wrongful act or omission committed by the defendant in violation of the primary right of the plaintiff.[17] Its essential elements are as follows: A right in favor of the plaintiff by whatever means and under whatever law it arises or is created;
2007-09-12
AUSTRIA-MARTINEZ, J.
Section 1(g) Rule 16[18] of the 1997 Rules of Civil Procedure makes it clear that failure to make a sufficient allegation of a cause of action in the complaint warrants the dismissal thereof. Section 2, Rule 2 of the 1997 Rules of Civil Procedure defines a cause of action as the act or omission by which a party violates the right of another. It is the delict or the wrongful act or omission committed by the defendant in violation of the primary right of the plaintiff.[19]  Its essential elements are as follows: A right in favor of the plaintiff by whatever means and under whatever law it arises or is created;