Professional Documents
Culture Documents
CIVIL LAW
January
25,
1977,
PD
No.
1073
the
petitioners alleged ownership of the
property after its purchase in a public
auction.
Thus, the petitioners' subsequent filing of
the specific performance action is forum
shopping of the third kind-splitting causes
of action or filing multiple cases based on
the same cause of action, but with
different prayers. As the Court has held in
the past, "there is still forum shopping
even if the reliefs prayed for in the two
cases are different, so long as both cases
raise substantially the same issues.
Similarly, the CA correctly found that the
petitioners and their counsel were guilty of
forum shopping based on litis pendentia.
Not only were the parties in both cases
the same insofar as the City Government
of Butuan is concerned, there was also
identity ofrights asserted and identity of
facts alleged. The cause of action in the
specific performance case had already
been ruled upon in the present case,
although it was still pending appeal before
the CA. Likewise, the prayer sought in the
specific performance case-for the City
Government ofButuan to execute a deed
of sale in favor of the petitioners - had
been indirectly ruled upon in the present
case when the RTC declared that no
certificate of sale could be issued because
there had been no valid sale.
G.R. No. 192123. March 10, 2014Dr.
Fernando P. Solidum Vs. People of the
Philippines
10
of impropriety. Thus,applying
11
12
13
Respondent
should
have
diligently
conducted an investigation of the
land offered as collateral. Although the
Report o f Inspection and Credit
Investigation found at the dorsal portion
of the Application for Agricultural Loan.
proved that the respondent Malarayat
Rural Bank inspected the land,
the respondent turned a blind eye to the
finding therein that the "lot is
planted [with] sugarcane with annual yield
(crops) in the amount of
P15,000. We disagree with respondent's
stance that the mere planting
14
15
on acquisitive prescription.
Once again, the Court applies this rule-as
clarified in Heirs ofMario Malabanan v.
Republic
G.R. No. 161151. March 24, 2014BJDC
Construction,
represented
by
its
Manager/Proprieto Janet S. Dela Cruz Vs.
Nena E. Lanuzo, et al.
The party alleging the negligence
of the other as the cause of injury
has the burden to establish the
allegation
with
competent
evidence. If the action based on
negligence is civil in nature, the
proof required is preponderance
ofevidence.
This case involves a claim for
damages arising from the death of
a motorcycle rider in a nighttime
accident due to the supposed
negligence
of
a
construction
company then undertaking reblocking work on a national
highway. The plaintiffs insisted that
the accident happened because the
construction company did not
provide adequate lighting on the
site, but the latter countered that
the fatal accident was caused by
the negligence of the motorcycle
rider himself. The trial court
decided in favor of the construction
company, but the Court of Appeals
(CA) reversed the decision and
ruled for the plaintiffs.
Upon a review of the records, the Court
affirms the findings of the RTC, and rules
that the Lanuzo heirs, the parties carrying
the burden of proof, did not establish by
preponderance of evidence that the
negligence on the part of the company
was the proximate cause of the fatal
accident of Balbino.
the doctrine of res ipsa loquitur had no
application here.
For the doctrine to apply, the following
requirements must be shown to exist,
namely: (a) the accident is of a kind that
16
17
18
19
20
A.M.
actions
merit
No.
P-12-3093.
March
26,
2014Anonymous
Complaint
Against
Otelia Lyn G. Maceda, Court Interpreter,
Municipal Trial Court, Palapag, Northern
Samar
ISSUE: Complaint against a COURT
INTERPRETER alleging falsification of the
her attendance in court so she could
attend her law classes at UEP in
Catarman, Norther Samar.
We see no reason to disturb the finding of
the OCA that Maceda did indeed falsify her
DTRs and is, therefore, guilty of
dishonesty.
Judge Falcotelo stated in his Report that
for Maceda to make it on time to her law
classes at UEP, she would have to leave
the MTC at 4:00 p.m. or even earlier.
Macedas Summary of Scholastic Records,
submitted by UEP College Secretary
Alfredo D. Tico, showed that Maceda had
law school subjects for the school years
2009-2010 and 2010-2011 which started
at 5:30 p.m. Hence, it was impossible for
Maceda to have left the MTC only at 5:00
p.m. as she had consistently logged in her
DTRs during the months she was also
attending her classes.
Macedas repeated assertion that she
continued her law school classes for selfimprovement and with the permission of
the MTC Presiding Judge does little to
exculpate her of administrative liability.
These are not acceptable excuses for not
properly declaring the time she logged-off
from work in her DTRs. Time and again,
the OCA and this Court have underscored
the importance of court employees
truthfully and accurately recording in their
DTRs the time of their arrival in and
departure from office.
Macedas falsification of her DTRs is
dishonesty. Dishonesty is defined as the
(d)isposition to lie, cheat, deceive, or
defraud;
untrustworthiness;
lack
of
21
22
23
24
operation.
Notwithstanding
these
compliances, respondent still failed to pay.
G.R. No. 193787. April 7, 2014Spouses
Jose C. Roque and Beatriz Dela Cruz
Roque, et al. Vs. Ma. Pamela P. Aguado,
et al.
The central issue in this case is
whether or not the CA erred in not
ordering the reconveyance of the
subject portion in Sps. Roques
favor.
25
26
Ventanillas.
annotation of the notice of levy in MRCIs
title was of no moment.
These favorable findings prompted the
Ventanillas to register the notice of levy
on the properties. The records show that
on the strength of a final and executory
decision by the Court, they successfully
obtained a writ of execution from the RTC
and a notice of levy was then entered,
albeit on the primary entry book only. The
contract to sell to Marquez was registered
on May 21, 1991, while the notice of levy
was issued ten (10) days later, or on May
31, 1991. In February 1992, MRCI
executed the Deed of Sale with Marquez,
under whose name the clean titles, sans
the notice of levy, were issued. A year
later, or on March 11, 1992, MRCI
registered the deed of sale to Marquez
who later sold the same property to the
Saberons.
This complex situation could have been
avoided if it were not for the
failure of ROD Cleofe to carry over the
notice of levy to Marquezs title, serving as
a senior encumbrance that might have
dissuaded the Saberons
from purchasing the properties.
The Court agrees with the position of the
RTC in rejecting ROD
Cleofes theory.
Distinctions between a contract to sell and
a contract of sale are wellestablished in jurisprudence. In a contract
of sale, the title to the property passes to
the vendee upon the delivery of the thing
sold; in a contract to sell, ownership is, by
agreement, reserved in the vendor and is
not to pass to the vendee until full
payment of the purchase price. Otherwise
stated, in a contract of sale, the vendor
loses ownership over the property and
27
28
29
30
31
August
29,
1977
the
Extrajudicial
Declaration of Heirs with an Extrajudicial
Settlement of Estate of Deceased Person
and Deed of Absolute Sale, whereby they
divided and adjudicated Lot No. 18563
among themselves, and then sold the
entire lot to Adriano.
But, as the CA correctly found, the
Spouses Ybaez held no right to Lot No.
18563 because Adriano, their seller, and
his siblings were not the owners of Lot No.
18563. Indeed, Casimiro had absolutely
conveyed his interest in Lot No. 18563 to
Aznar Brothers under the Deed of
Absolute Sale of March 21, 1964 with the
marital
consent
of
Maria
Daclan,
Casimiros surviving spouse and the
mother of Adriano and his siblings.
Considering that such conveyance was
effective and binding on Adriano and his
siblings, there was no valid transmission
of Lot No. 18563 upon Casimiros death to
any of said heirs, and they could not
legally adjudicate Lot No. 18563 unto
themselves, and validly transfer it to
Adriano. The conveyance by Adriano to
Jose R. Ybaez on June 21, 1978 was
absolutely void and ineffectual.
There is also no question that the Spouses
Ybaez were aware of the conveyance of
Lot No. 18563 by Casimiro to Aznar
Brothers considering that the Deed of
Absolute Sale of March 21, 1964 between
Casimiro
and
Aznar
Brothers
was
registered in the book of registry of
unregistered land on the same day
pursuant to their agreement. Such
registration constituted a constructive
notice of the conveyance on the part of
the Spouses Ybaez pursuant to Section
194 of the Revised Administrative Code of
1917, as amended by Act No. 3344
Although a deed or instrument affecting
unregistered lands would be valid only
between the parties thereto, third parties
would also be affected by the registered
deed or instrument on the theory of
constructive notice once it was further
registered in accordance with Section 194,
i.e., the deed or instrument was written or
inscribed in the day book and the register
book for unregistered lands in the Office
32
33
34
35
36
Where
the
executed
judgment is reversed totally or partially,
or annulled, on appeal or otherwise, the
trial court may, on motion, issue such
orders of restitution or reparation of
damages as equity and justice may
warrant under the circumstances.
Here, the RTC executed on a judgment
debt of P8,050,000 when what was later
determined
to
be
due
was
only
P4,050,000. Clearly, the trial court had
the discretion to order restitution and
reparation of damages. Its exercise of
that discretion must, however, be fair to
all the parties concerned.
37
38
39
40
41
42
that
43
44
45
46
Accordingly,
respondents
registered
patent
in
the
corresponding Registry of Deeds is
a veritable Torrens title and
becomes as indefeasible as a
Torrens title upon the expiration of
47
48
49
50
51
52
remember,
fraud
must
be
established by clear and convincing
evidence. Mere preponderance of
evidence is not even adequate to
prove fraud.20 The Complaint for
Annulment
of
Sale
and
Reconveyance of Property must
therefore
be
dismissed.cra1awlaw1ibrary
Republic of the Philippines Vs. Crisanto S.
RanesesG.R. No. 189970. June 9, 2014
It bears noting that in support of
his
claim
that
the
subject
properties
are
alienable
and
disposable,
respondent
merely
presented
the
ConversionSubdivision
Plan
which
was
prepared by Engr. Montallana with
the annotation that the subject
properties were inside alienable
and disposable land area [P]roj.
[N]o. 27-B as per LC Map No. 2623
certified by the Bureau of Forestry
on January 3, 196842 and the
Inter-Office Memorandum from the
LLDA.
53
the
issue
in
the
54
to
Atty.
Rey
Ferdinand
Garay,
et
al./Atty. Rey Ferdinand T. Garay Vs.
Judge Rolando S. Venadas, Sr.G.R.
No. 179914 & A.M. No. RTJ-06-2000. June
16, 2014
A judge owes the public and the
court the duty to know the law by
heart and to have the basic rules of
procedure at the palm of his
hands.1
55
56
xxxx
business of industry.
57
said damage.
58
vehicle
extent,
59
rule on
alternative
obligations is
60
61
respondent.
Neither
of
these
circumstances is present in this case.
Petitioner Arco Pulp and Papers act of
tendering partial payment to respondent
also conflicts with their alleged intent to
pass on their obligation to Eric Sy. When
respondent sent his letter of demand to
petitioner Arco Pulp and Paper, and not to
Eric Sy, it showed that the former neither
acknowledged nor consented to the latter
as his new debtor. These acts, when taken
together, clearly show that novation did
not take place.
Since there was no novation, petitioner
Arco Pulp and Papers obligation to
respondent remains valid and existing.
Petitioner Arco Pulp and Paper, therefore,
must still pay respondent the full amount
of P7,220,968.31.
Petitioner Candida A. Santos
is solidarily liable with petitioner
corporation
As a general rule, directors, officers, or
employees of a corporation cannot be held
personally liable for obligations incurred
by the corporation. However, this veil of
corporate fiction may be pierced if
complainant is able to prove, as in this
case, that (1) the officer is guilty of
negligence or bad faith, and (2) such
negligence or bad faith was clearly and
convincingly proven.
Here, petitioner Santos entered into a
contract with respondent in her capacity
as the President and Chief Executive
Officer of Arco Pulp and Paper. She also
issued the check in partial payment of
petitioner corporations obligations to
respondent on behalf of petitioner Arco
Pulp and Paper. This is clear on the face of
the check bearing the account name,
Arco Pulp & Paper, Co., Inc.54 Any
obligation arising from these acts would
not, ordinarily, be petitioner Santos
personal undertaking for which she would
be solidarily liable with petitioner Arco
Pulp and Paper.
We find, however, that the corporate veil
must be pierced. Petitioner Santos cannot
62
63
64
further
classifies
nuisances
in
65
do."53
(Emphases
66
67
68
69
70
Vicente
Josefa
Vs.
Manila
Electric
CompanyG.R. No. 182705. July 18,
2014
Bautistas
negligence
was
the
proximate cause of the property
damage caused to Meralco The truck
hit the electricity post
Whoever by act or omission causes
damage to another, there being fault or
negligence, is obliged to pay for the
damage done. This fault or negligence, if
71
There is an employer-employee
relations between Bautista and Josefa
The finding that Bautista acted with
negligence in driving the truck gives rise
to the application of paragraph 5, Article
2180 of the Civil Code which holds the
employer vicariously liable for damages
caused by his employees within the scope
of their assigned tasks. In the present
case, Josefa avoids the application of this
provision by denying that Bautista was his
employee at the time of the incident.
Josefa cannot evade his responsibility by
mere denial of his employment relations
with Bautista in the absence of proof that
his truck was used without authorization
or that it was stolen when the accident
occurred.53 In quasi-delict cases, the
registered owner of a motor vehicle is the
employer of its driver in contemplation of
law.54 The registered owner of any vehicle,
even if not used for public service, would
primarily be responsible to the public or to
third persons for injuries caused while the
vehicle was being driven on highways or
streets. The purpose of motor vehicle
registration is precisely to identify the
owner so that if any injury is caused by
the vehicle, responsibility can be imputed
to the registered owner.55
Josefa failed to show that he
exercised
the diligence of a good father of a
family
in the selection and supervision of
Bautista
In order for Josefa to be relieved of his
vicarious liability, he must show that he
exercised due diligence in the selection
and supervision of Bautista. In concrete
terms, Josefa should show by competent
object or documentary evidence that he
examined Bautista as to the latters
qualifications, experience and service
records prior to employment. He should
likewise prove by competent object or
documentary evidence that he formulated
standard operating procedures, monitored
their
implementation
and
imposed
disciplinary measures for breach of these
72
73
of
the
petitioner
was
either
separation;chanroblesvirtuallawlibrary
(3)
When
the
marriage
annulled;chanroblesvirtuallawlibrary
is
74
absent
spouse
has
been
declared
presumptively dead by means of a
judgment
rendered
in
the
proper
proceedings.23 A bigamous marriage is
considered void ab initio.24cralawred
Due to the second marriage between Atty.
Luna and the petitioner being void ab
initio by virtue of its being bigamous, the
properties acquired during the bigamous
marriage were governed by the rules on
co-ownership, conformably with Article
144
of
the
Civil
Code,
viz:chanRoblesvirtualLawlibrary
Article 144. When a man and a woman
live together as husband and wife, but
they are not married, or their marriage is
void from the beginning, the property
acquired by either or both of them
through their work or industry or their
wages and salaries shall be governed by
the rules on co-ownership.(n)
In such a situation, whoever alleges coownership carried the burden of proof to
confirm such fact. To establish coownership,
therefore,
it
became
imperative for the petitioner to offer proof
of her actual contributions in the
acquisition
of
property.
Her
mere
allegation
of
co-ownership,
without
sufficient and competent evidence, would
warrant no relief in her favor.
Leonardo C. Castillo represented by
Lennard V. Castillo Vs. Security Bank
Corporation, JRC Poultry Farms or
Spouses Leon C. Castillo, Jr., and
Teresita
Flores-CastilloG.R.
No.
196118. July 30, 2014
The
following
are
the
legal
requisites for a mortgage to be
valid:chanRoblesvirtualLawlibrary
75
76
77
A
perusal
of
the
contract
denominated as Resibo reveals the
utter frailty of petitioners' position
because nothing therein suggests,
even remotely, that the subject
property was given to secure a
monetary obligation. The terms of
the contract set forth in no
uncertain
terms
that
the
instrument was executed with the
intention
of
transferring
the
ownership or the subject property
to the buyer in exchange for the
price. Nowhere in the deed is it
indicated that the transfer was
merely intended to secure a debt
obligation. On the contrary, the
document clearly indicates the
intent of Reynaldo to sell his share
in the property. The primary
consideration in determining the
true nature of a contract is the
intention of the parties.19 If the
words of a contract appear to
contravene the evident intention of
the parties, the latter shall
prevail.20
Such
intention
is
determined not only from the
express terms of their agreement,
but also from the contemporaneous
and subsequent acts of the
parties.21 That the parties intended
some other acts or contracts apart
from the express terms of the
agreement, was not proven by
Reynaldo during the trial or by his
heirs herein.22 Beyond their bare
and uncorroborated asseverations
that the contract failed to express
the true intention of the parties,
the record is bereft of any evidence
indicative that there was an
equitable mortgage.
Neither could the allegation of
gross inadequacy of the price carry
the day for the petitioners. It must
be underscored at this point that
78
79
80
81
82
had.27cralawred
There is also nothing on record that will
prove the petitioners claim that the lease
between CCC and the respondents already
expired.
The
fact
that
Adoracion
subsequently bought the property did not
ipso facto terminate the lease. While the
lease between CCC and the respondents
contained a 15-year period, to end in
1992, the petitioner failed to show that
the subsequent transferors/purchasers of
the two parcels of land opted to terminate
the lease or instituted any action for its
termination. Bancom bought the property
at an auction sale in 1979; Union Bank, in
1984; Tomas, and later, Adoracion,
acquired the property in 1993.
Article
1676
of
the
Civil
Code
provides:ChanRoblesVirtualawlibrary
The purchaser of a piece of land which is
under a lease that is not recorded in the
Registry of property may terminate the
lease, save when there is a stipulation to
the contrary in the contract of sale, or
when the purchaser knows of the
existence of the lease.
x x x x.
It
cannot
be
denied
that
the
transferors/purchasers of the property all
had knowledge of the lease between CCC
and the respondents; yet, not any of the
transferors/purchasers
moved
to
terminate the lease.
Midway
Maritime
and
Technological
Foundation,
represented
by
its
Chairman/President
PhD
in
Education, Dr. Sabino M. Manglicmot
Vs. Marissa E. Castro, et al.G.R. No.
189061. August 6, 2014
Given the existence of the lease,
the petitioners claim denying the
respondents ownership of the
residential house must be rejected.
According to the petitioner, it is
83
had.27cralawred
There is also nothing on record that will
prove the petitioners claim that the lease
between CCC and the respondents already
expired.
The
fact
that
Adoracion
subsequently bought the property did not
ipso facto terminate the lease. While the
lease between CCC and the respondents
contained a 15-year period, to end in
1992, the petitioner failed to show that
the subsequent transferors/purchasers of
the two parcels of land opted to terminate
the lease or instituted any action for its
termination. Bancom bought the property
at an auction sale in 1979; Union Bank, in
1984; Tomas, and later, Adoracion,
acquired the property in 1993.
84
85
86
87
payment.
It
should
be
distinguished from tender of
payment
which
is
the
manifestation by the debtor to
the creditor of his desire to
comply with his obligation, with
the
offer
of
immediate
performance.
Tender
is
the
antecedent of consignation, that is,
an
act
preparatory
to
the
consignation, which is the principal,
and from which are derived the
immediate consequences which the
debtor desires or seeks to obtain.
Tender of payment may be
extrajudicial, while consignation is
necessarily judicial, and the priority
of the first is the attempt to make
a
private
settlement
before
proceeding to the solemnities of
consignation.
Tender
and
consignation, where validly made,
produces the effect of payment and
extinguishes the obligation.13
In the case of
Arzaga v.
Rumbaoa,14 which was cited by
petitioner
in
support
of
his
contention, this Court ruled that
the deposit made with the court by
the plaintiff-appellee in the said
case is considered a valid payment
of the amount adjudged, even
without a prior tender of payment
thereof
to
the
defendantsappellants, because the plaintiffappellee,
upon
making
such
deposit, expressly petitioned the
court that the defendants-appellees
be notified to receive the tender of
payment. This Court held that
while [t]he deposit, by itself
alone,
may
not
have
been
sufficient, but with the express
terms of the petition, there was full
and complete offer of payment
made directly
to
defendantsappellants.15 In the instant case,
however, petitioner and her coheirs, upon making the deposit
with the RTC, did not ask the trial
court that respondents be notified
to receive the amount that they
88
89
90
91
92
93
that:chanRoblesvirtualLawlibrary
The
starting
point
in
any
recognition of a foreign divorce
judgment is the acknowledgment
that our courts do not take judicial
notice of foreign judgments and
laws. Justice Herrera explained
that, as a rule, no sovereign is
bound to give effect within its
dominion to a judgment rendered
by a tribunal of another country.
This means that the foreign
judgment and its authenticity must
be proven as facts under our rules
on evidence, together with the
aliens applicable national law to
show the effect of the judgment on
the alien himself or herself. The
recognition may be made in an
action instituted specifically for the
purpose or in another action where
a party invokes the foreign decree
as an integral aspect of his claim or
defense.14
The requirements of presenting the
foreign divorce decree and the
national law of the foreigner must
comply with our Rules of Evidence.
Specifically, for Philippine courts to
recognize a foreign judgment
relating to the status of a
marriage, a copy of the foreign
judgment may be admitted in
evidence and proven as a fact
under Rule 132, Sections 24 and
25, in relation to Rule 39, Section
48(b)
of
the
Rules
of
Court.15cralawlawlibrary
Under Section 24 of Rule 132, the
record of public documents of a
sovereign authority or tribunal may
be proved by: (1) an official
publication thereof or (2) a copy
attested by the officer having the
legal custody thereof. Such official
publication or copy must be
accompanied, if the record is not
kept in the Philippines, with a
certificate that the attesting officer
has the legal custody thereof. The
94
95
(4)
(5)
(6)
each of them.
The net remainder of the properties of th
assets, which shall be divided equally be
proportion or division was agreed upon in
been a voluntary waiver of such share provi
net profits subject to forfeiture in accordanc
said profits shall be the increase in value
property at the time of the celebration of th
its dissolution.
The presumptive legitimes of the common
accordance with Article 51.
Unless otherwise agreed upon by the parties
dwelling and the lot on which it is situated
the majority of the common children choo
years are deemed to have chosen the mot
case there is no such majority, the court
interests of said children.
28
(1) An inventory shall be prepared, listing separately allSection
the properties
the 3135,
absolute
7 of ActofNo.
as
community and the exclusive properties of each spouse. amended by Act No. 4118,29
(2) The debts and obligations of the absolute community shallstate:XXXXXXChanRoXblesVirtuala
be paid out of its assets. In case
of insufficiency of said assets, the spouses shall be solidarily
liable
for the unpaid balance
wlibrary
XXXX
with their separate properties in accordance with the
provisions
of
the
second
of
Under the provision
citedparagraph
above, the
Article 94.
purchaser or the mortgagee who is also
(3) Whatever remains of the exclusive properties of the
spouses
shallinthereafter
be delivered
to
the
purchaser
the foreclosure
sale may
Prepared by: ATTY. RESCI ANGELLI RIZADA, RN
Ateneo de Davao University
96
97
involving
extrajudicially
foreclosed
properties that were bought by a
purchaser and later sold to third-partypurchasers after the lapse of the
redemption period. The remedy of a writ
of possession, a remedy that is available
to the mortgagee-purchaser to acquire
possession of the foreclosed property from
the mortgagor, is made available to a
subsequent purchaser, but only after
hearing and after determining that the
subject property is still in the possession
of the mortgagor. Unlike if the purchaser
is the mortgagee or a third party during
the redemption period, a writ of
possession may issue ex-parte or without
hearing. In other words, if the purchaser
is a third party who acquired the property
after the redemption period, a hearing
must be conducted to determine whether
possession over the subject property is
still with the mortgagor or is already in
the possession of a third party holding the
same adversely to the defaulting debtor or
mortgagor. If the property is in the
possession of the mortgagor, a writ of
possession
could
thus
be
issued. Otherwise, the remedy of a writ of
possession is no longer available to such
purchaser, but he can wrest possession
over the property through an ordinary
action of ejectment.
98
99
10
0
10
1
10
2
10
3
Code, a contract is
annullable where the
vitiated by mistake,
intimidation,
undue
fraud.
10
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2.
When
an
obligation,
not
constituting a loan or forbearance
of money, is breached, an interest
on the amount of damages
awarded may be imposed at the
discretion of the court at the rate
of 6% per annum. No interest,
however, shall be adjudged on
unliquidated claims or damages,
except when or until the demand
can be established with reasonable
certainty. Accordingly, where the
demand
is
established
with
reasonable certainty, the interest
shall begin to run from the time
the claim is made judicially or
extrajudicially (Art. 1169, Civil
Code), but when such certainty
cannot
be
so
reasonably
established at the time the demand
is made, the interest shall begin to
run only from the date the
judgment of the court is made (at
which time the quantification of
damages may be deemed to have
been reasonably ascertained). The
actual base for the computation of
legal interest shall, in any case, be
on the amount finally adjudged.
3. When the judgment of the court
awarding a sum of money becomes
final and executory, the rate of
legal interest, whether the case
falls
under
paragraph
1
or
paragraph 2, above, shall be 6%
per annum from such finality until
its satisfaction, this interim period
being deemed to be by then an
equivalent to a forbearance of
credit.
And, in addition to the above,
judgments that have become final
and executory prior to July 1,
2013, shall not be disturbed and
shall continue to be implemented
applying the rate of interest fixed
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1.
Recognition
of
Natural
the
the
the
the
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contract.50cralawred
After a judicious perusal of the records,
the Court finds petitioners claim of
mistake or error (that they acted merely
as accommodation mortgagors) grounded
on their very limited education and lack
of proper instruction not to be firmly
supported by the evidence on record.
As correctly observed by the CA, the
testimony of petitioner Francisco Sierra as
to petitioners respective educational
backgrounds51 remained uncorroborated.
The other petitioners-signatories to the
deed never testified that their educational
background
prevented
them
from
knowingly executing the subject deed as
mere
accommodation
mortgagors.
Petitioners claim of lack of proper
instruction on the intricacies in securing
[the] loan from the bank is further belied
by the fact that petitioners Francisco and
Rosario Sierra had previously mortgaged
two (2) of the subject properties twice to
the Rural Bank of Antipolo. Moreover,
petitioners did not: (a) demand for any
loan document containing the details of
the
transaction,
i.e.,
monthly
amortization,
interest
rate,
added
charges, etc., and the release of the
remaining amount of their alleged loan;
and (b) offer to pay the purported partial
loan proceeds they received at any time,52
complaining thereof only in 1991 when
they filed their complaint. Indeed, the
foregoing circumstances clearly show that
petitioners are aware that they were mere
accommodation mortgagors, debunking
their claim that mistake vitiated their
consent to the mortgage.
Thus, there being valid consent on the
part
of
petitioners
to
act
as
accommodation mortgagors, no reversible
error was committed by the CA in setting
aside the RTCs Decision declaring the real
estate mortgage as void for vices of
consent and awarding damages to
petitioners. As mere accommodation
mortgagors, petitioners are not entitled to
the proceeds of the loan, nor were
required to be furnished with the loan
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2.
Whether the petitioner is
relieved from liability by reason of
the material alteration in the
promissory note; and
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Between
the
petitioners'
unsubstantiated and self-serving
claim that the subject property was
inherited by Carmelita from her
father and OCT No. M-4559
registered in Dionisio's name, the
latter
must
prevail.
The
respondents' title over the subject
property is evidence of their
ownership
thereof.
That
a
certificate of title serves as
evidence of an indefeasible and
incontrovertible
title
to
the
property in favor of the person
whose name appears therein and
that a person who has a Torrens
title over a land is entitled to the
possession thereof are fundamental
principles
observed
in
this
jurisdiction.25cralawred
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When
subsequent
marriages
are
contracted after a judicial declaration of
presumptive death, a presumption arises
that the first spouse is already dead and
that the second marriage is legal. This
presumption should prevail over the
continuance of the marital relations with
the first spouse.48 The second marriage,
as with all marriages, is presumed valid.49
The burden of proof to show that the first
marriage was not properly dissolved rests
on the person assailing the validity of the
second marriage.50chanrobleslaw
This court recognized the conditional
nature of reappearance as a cause for
terminating the subsequent marriage in
Social Security System v. Vda. de
Bailon.51 This court noted52 that mere
4)
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Clearly,
therefore,
a
CENRO
certification that a certain property
is
alienable,
without
the
corresponding proof that the DENR
Secretary had approved such
certification,
is
insufficient
to
support a petition for registration
of land. Both certification and
approval are required to be
presented as proofs that the land is
alienable. Otherwise, the petition
must be denied.
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in
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petitions
are
partly
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"Ejectment
proceedings
are
summary proceedings intended to
provide an expeditious means of
protecting actual possession or
right to possession of property.
Title is not involved. The sole issue
to be resolved is who is entitled to
the physical or material possession
of the premises or possession de
factor."20 "Issues as to the right of
possession or ownership are not
involved in the action; evidence
thereon is not admissible, except
only for the purpose of determining
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which
necessarily
includes
possession."24 Hence, as holders of
the Torrens title over the subject
land, the respondents are entitled
to its possession.
The criminal case filed by Palma
against
respondent
Bonifacio
involving the Quitclaim through
which the respondents trace their
ownership is immaterial to the
controversy at bar. Questions on
the validity of a Torrens title are
outside
the
jurisdiction
and
competence of the trial court in
ejectment proceedings which are
limited only to the determination of
physical possession.26 This is in
consonance
with
the
settled
doctrine that questions relating to
the validity of a certificate of title
during ejectment proceedings are
deemed
and
proscribed
as
collateral attack to such title. A
Torrens certificate of title cannot
be the subject of collateral attack.
The title represented by the
certificate cannot be changed,
altered, modified, enlarged, or
diminished except in a direct
proceeding.27 Thus, issues as to
the validity of the respondents' title
can only be definitively resolved in
a direct proceeding for cancellation
of title before the RTCs.
Amada Cotoner-Zacarias Vs. Sps. Alfredo
Revilla and the Heirs of Paz Revilla
G.R. No. 190901. November 12, 2014
Well-settled is the rule that conveyances
by virtue of a forged signature. . . are void
ab initio [as] [t]he absence of the
essential [requisites] of consent and cause
or consideration in these cases rendered
the contract inexistent[.]1
I.
On the first issue, petitioner argues that
respondents Revilla spouses claim is
barred by laches since they allowed 16
years to lapse, with petitioner having
possession of the property, before filing
suit.46
Laches has been defined as the failure or
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the
but
this
her
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itself.
Fourth, the Dacion en Pago was
first mentioned only two (2)
months after Suzuki and Samin
demanded the delivery of the titles
sometime in August 2003, and
after Suzuki caused the annotation
of
his
affidavit
of
adverse
claim. Records show that it was
only on October 9, 2003, when
Orion, through its counsel,
Cristobal
Balbin
Mapile
&
Associates first spoke of the
Dacion en Pago.45 Not even
Perez mentioned any Dacion en
Pago on October 1, 2003, when he
personally
received
a
letter
demanding the delivery of the
titles. Instead, Perez refused to
accept the letter and opted to first
consult
with
his
lawyer.46chanRoblesvirtualLawlibrar
y
Fifth,
it
is
undisputed
that
notwithstanding the supposed execution
of the Dacion en Pago on February 2,
2003, Kang remained in possession of the
condominium unit. In fact, nothing in the
records shows that Orion even bothered to
take possession of the property even six
(6) months after the supposed date of
execution of the Dacion en Pago. Kang
was even able to transfer possession of
the condominium unit to Suzuki, who then
made immediate improvements thereon.
If Orion really purchased the condominium
unit on February 2, 2003 and claimed to
be its true owner, why did it not assert its
ownership immediately after the alleged
sale took place? Why did it have to assert
its ownership only after Suzuki demanded
the delivery of the titles? These gaps
have remained unanswered and unfilled.
In Suntay v. CA,48 we held that the most
prominent index of simulation is the
complete absence of an attempt on the
part of the vendee to assert his rights of
ownership over the property in question.
After the sale, the vendee should have
entered the land and occupied the
premises. The absence of any attempt
on the part of Orion to assert its right
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Furthermore,
to
require
the
Caswells to file an action for
specific performance, as opined by
the RTC, not only deprives them of
hiring someone else to rectify the
work, but also defeats the very
purpose of the contracted work,
i.e., to immediately have electricity
in their home. In this situation,
time is of the essence.
Bank of the Philippine Islands Vs. Vicente
Victor C. Sanchez, et al./Generoso
Tulagan, et al. Vs. Vicente Victor C.
Sanchez, et al./Reynaldo V. Maniwang
Vs. Vicente C. Sanchez and Felisa
Garcia Yap G.R. No. 179518/G.R. No.
179835/G.R. No. 179954. November 19,
2014
Article 453 of the Civil Code
relevantly states:
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established.76chanRoblesvirtualLawlibrary
Sale is a special contract. The seller
obligates himself to deliver a determinate
thing and to transfer its ownership to the
buyer. In turn, the buyer pays for a price
certain in money or its equivalent.77 A
"contract of sale is perfected at the
moment there is a -meeting of minds
upon the thing which is the object of the
contract and upon the price.'"78 The seller
and buyer must agree as to the certain
thing that will be subject of the sale as
well as the price in which the thing will be
sold. The thing to be sold is the object of
the contract, while the price is the cause
or consideration.
The object of a valid sales contract must
be owned by the seller. If the seller is not
the owner, the seller must be authorized
by
the
owner
to
sell
the
object.79chanRoblesvirtualLawlibrary
Specific rules attach when the seller coowns the object of the contract. Sale of a
portion of the property is considered an
alteration of the thing owned in common.
Under the Civil Code, such disposition
requires the unanimous consent of the
other co-owners.80 However, the rules also
allow a co-owner to alienate his or her
part in the co-ownership. These two rules
are
reconciled
through
jurisprudence.81chanRoblesvirtualLawlibrar
y
If the alienation precedes the partition,
the co-owner cannot sell a definite portion
of the land without consent from his or
her co-owners. He or she could only sell
the undivided interest of the co-owned
property.82 As summarized in Lopez v.
Ilustre,83 "[i]f he is the owner of an
undivided half of a tract of land, he has a
right to sell and convey an undivided half,
but he has no right to divide the lot into
two parts, and convey the whole of one
part
by
metes
and
bounds."84chanRoblesvirtualLawlibrary
The undivided interest of a co-owner is
also referred to as the "ideal or abstract
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Respondents
right
to
the
original
registration of title over the subject
property is, therefore, dependent on the
existence of (a) a declaration that the land
is alienable and disposable at the time of
the application for registration and (b)
open and continuous possession in the
concept of an owner through itself or
through its predecessors-in-interest since
June 12, 1945 or earlier.
In the present case, there is no dispute
that the subject lot has been declared
alienable and disposable on March 15,
1982. This is more than eighteen (18)
years before respondent's application for
registration, which was filed on December
15, 2000. Moreover, the unchallenged
testimonies of two of respondent's
witnesses established that the latter and
her predecessors-in-interest had been in
adverse, open, continuous, and notorious
possession in the concept of an owner
even before June 12, 1945.
Spouses Rolando and Herminia Salvador
Vs. Spouses Rogelio and Elizabeth
Rabaja and Rosario GonzalesG.R. No.
199990. February 4, 2015
The failure of Spouses Salvador to
attend pre-trial conference warrants
the presentation of evidence ex parte
by Spouses Rabaja
On the procedural aspect, the Court
reiterates the rule that the failure to
attend the pre-trial conference does not
result in the default of an absent party.
Under the 1997 Rules of Civil Procedure, a
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Third,
the
psychological
report
of
Villanueva, Guidance Psychologist II of the
Northern
Mindanao
Medical
Center,
Cagayan de Oro City, was insufficient to
prove the psychological incapacity of Luz.
There was nothing in the records that
would indicate that Luz had either been
interviewed or was subjected to a
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and
supervision
of
its
employees,
petitioner, as the employer of Gimena,
may be held liable for damages arising
from the death of respondent Y u's wife.
New World Developers and Management,
Inc. Vs. AMA Computer Learning
Center, Inc./AMA Computer Learning
Center,
Inc.
Vs.
New
World
Developers and Management, Inc.
G.R. Nos. 187930 & 188250. February 23,
2015
1. I.
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