THE LAW

 

The Proximate Cause P roximate cause  refers to a  doctrine  by which a plaintiff must prove that the defendant's actions set in motion a relatively short chain of events that could have reasonably been anticipated to lead to the plaintiff's damages. The cause having the most significant impact in bringing about the loss under a first-party property insurance policy, when two or more independent perils operate at the same time (i.e., concurrently) to produce a loss. Courts employ a set of proximate cause rules to resolve causation disputes when a property policy states that it covers or excludes losses "caused by" a peril and there is more than one peril at work in a fact pattern. Under common law, whether the policy provides coverage depends on which peril is chosen as the proximate cause. If the peril selected as the proximate cause is covered, courts consider the loss to have been caused by the covered peril and will hold that the loss is covered....

Deed of Sale with Right to Repurchase ( pacto de retro)  refers to the sale wherein the seller has the right to repurchase the subject matter or the property being sold.The essence of a  pacto de retro  sale is that the title and ownership of the property sold transfers immediately to the vendee a  retro. Below is a sample of Deed of Sale with Right to Repurchase

Article 1 .   Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidences are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this code. (52a) Concept of Marriage. As a status, it is the civil status of one man and one woman legally united for life, with rights and duties which for the establishment of families and multiplication and education of the species are, or from time to time, may thereafter be assigned by law to matrimony. (Bishop, Marriage, Divorce and Separation, Sec. 11). As an act , it is an act by which a man and a woman unite for life, with the intent to discharge towards society and one another those duties which result from th...

Article 31.  When the civil action which is based on an obligation not arising from the act or omission complained of as felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. This article refers to a civil action which is no longer based in the criminal liability of the defendant, but on an obligation arising from other sources, like law, contracts, quasi-contracts and quasi- delicts. Civil action to recover the proceeds of sale of goods covered by a trust receipt.  "V iolation of the Trust R eceipt L aw"  (P.D No. 115 January 29, 1973) CASE:              South City Homes, Inc. vs. BA Finance G.R No. 135462, 07 December 2001 FACTS:  On January 17, 1983, Joseph L. G. Chua, President of Fortune Motors Corporation, executed in favor of plaintiff-appellant a Continuing Suretyship Agreement, in which he "jointly and severally unconditi...