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Dinah C. Castillo vs. Antonio M. Escutin, et al., G.R. No. 171056, March 13, 2009
Title is generally defined as the lawful cause or ground of possessing that which is
ours. It is that which is the foundation to ownership of property, real or personal.
Certificate of Title, on the other hand, is a mere evidence of ownership; it is not
the title to the land itself.
Administrative Titling
DENR – Public Land Patents:
Free Patents (Administrative Legalization of imperfect title) (5 years prohibitory
period)
Homestead Patents (5 years)
Sales and Miscellaneous Sales Application Patents (no prohibition)
*Residential Free Patents (RA 10023) (no prohibition)
Administrative Titling
DAR – Department of Agrarian Reform
Original Certification of Land Ownership Award (OCT CLOA’s)
Emancipation Patents (OCT EP’s)
Ten (10) year prohibitory period (from date of issuance of CLOA)
- Comprehensive Agrarian Reform Program (R.A. 6657 – June 10, 1988)
- PD No. 27 (Agrarian Emancipation Decree of 1972 – October 21, 1972)
Administrative Titling
National Commission for Indigenous People (NCIP):
CADT’s (Certification of Ancestral Domain Titles) – registered in the name of a
group or tribe belonging to ICC’s/IP’s.
CALT’s (Certification of Ancestral Land Titles) – individuals, families and clans who
are members of the ICC’s/IP’s.
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
*** Indigenous People Rights Act – IPRA (R.A. 8371 – October 29, 1997) ***
Periods under the New Guidelines, Rules of Summary Procedure, and Rules of Criminal
Procedure:
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days
Regular procedure
– 180 days
Decision Summary 30 days after 90 days from the
procedure – 30 termination of trial time case is
days from the time submitted for
case is submitted decision
for decision
Regular procedure
– 90 days from the
time case is
submitted for
decision
1. Drug Cases
Trial: Not more than 60 days from the filing of the Information
Decision: 15 days from the time case is submitted for decision
2. Environmental Cases
Trial: 3 months from pre-trial conference plus 30 days for filing of memoranda
Decision: 60 days from the last day to file memoranda
1. Katarungang Pambarangay
2. Court-Annexed Mediation
3. Judicial Dispute Resolution
4. Arbitration
5. Appellate Court Mediation
6. Voluntary arbitration/mediation under R.A 9285
Exceptions:
1) Where one party is the government, or any subdivision or instrumentality thereof;
2) Where one party is a public officer or employee, and the disputes relates to the
performance of his official functions;
3) Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five Thousand pesos (P5,000.00);
4) Offenses where there is no private offended party;
5) Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
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6) Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the
parties thereto agree to submit their differences to amicable settlement by an
appropriate lupon;
7) Such other classes of disputes which the President may determine in the interest
of Justice or upon the recommendation of the Secretary of Justice.
Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
a) Criminal cases where accused is under police custody or detention;
b) Petitions for habeas corpus by a person illegally deprived of his rightful custody
over another or a person illegally deprived of or on acting in his behalf;
c) Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of
the action;and
d) Action which may be barred by the Statute of Limitations.
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OCA CIRCULAR NO. 232-2017
Subject: ADMISSIBILITY OF PARTIES’ STIPULATIONS ON FORENSIC LABORATORY REPORTS IN
DRUGS CASES
Guidelines in the interpretation and application of Art. 36 of the Family Code are
hereby handed down for the guidance of the bench and the bar:
(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff.
Any doubt should be resolved in favor of the existence and continuation of the
marriage and against its dissolution and nullity.
(2) The root cause of the psychological incapacity must be
(a) Medically or clinically identified, (b) alleged in the complaint, (c)
sufficiently proven by experts and (d) clearly explained in the decision.
(3) The incapacity must be proven to be existing at “the time of celebration” of the
marriage. The evidence must show that the illness was existing when the parties
exchanged their “I do’s.” The manifestation of the illness need not be
perceivable at such time, but the illness itself must have attached at such
moment, or prior thereto.
(4) Such incapacity must also be shown to be medically or clinically permanent or
incurable. Such incurability may be absolute or even relative only in regard to
the other spouse, not necessarily absolutely against everyone of the same sex.
(5) Such illness must be grave enough to bring about the disability of the party to
assume the essential obligations of marriage. There is a natal or supervening
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disabling factor in the person, an adverse integral element in the personality
structure that effectively incapacitates the person from really accepting and
thereby complying with the obligations essential to marriage.
(6) The essential marital obligations must be those embraced by Articles 68 up to 71
of the Family Code as regards the husband and wife as well as Article 220,221
and 225 of the same Code in regard to parents and their children.
(7) Interpretations given by the National Appellate Matrimonial Tribunal of the
Catholic Church in the Philippines, while not controlling or decisive, should be
given great respect by our courts.
Homosexuality is not akin to failure to comply with the essential marital obligations.
(Almelor v. RTC-Las Piñas, G. R. No. 179620, Aug. 26, 2008)
Sexual infidelity and abandonment of the conjugal dwelling, even if true, do not
necessarily constitute psychological incapacity; these are simply grounds for legal
separation. (Republic v Encelan, G. R. No. 170022, Jan 9, 2003)
Mere Alcoholism, abusiveness, H being a fugitive from justice not Psy. Incap. Petitioner
failed to present an expert witness. Hence failed to prove root cause.
(RP vs. Dagdag, 351 SCRA 425)
Emotional immaturity and irresponsibility per se not psychological incapacity. (Pesca vs.
Pesca, G. R. No 136921, April 17, 2001)
Unsatisfactory marriage is not a null and void marriage. (Siayngco vs. G. R. No. 158896,
October 27, 2004)
Frequent squabbles and refusal to sleep with spouse not psychological incapacity.
(Navarro vs Navarro, G.R. No. 162049, April 13, 2007)
Being a Mama’s boy not a ground for nullity. (Republic vs. Cabantug-Baguio, G.R. No.
179620, Aug. 26, 2008)
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b) Juridical Antecedence – It must be rooted in the history of the party antedating
the marriage, although the overt manifestations may emerge only after the
marriage; and
c) Incurability – It must be incurable, or even if it were otherwise, the cure would be
beyond the means of the party involved.
RP vs. Cabantug-Baguio, vs. G. R. No. 171042, June 30, 2008
What are the proceedings in land registration as provided for in Property Registration
Decree PD 1529?
Dinah C. Castilo vs. Antonio M. Escutin, et al., G.R. No. 171056, March 13, 2009
Title is generally defined as the lawful cause or ground of possessing that which is
ours. It is that which is the foundation of ownership of property, real or personal.
Certificate of Title, on the other hand, is a mere evidence of ownership; is is not
the title to the land itself.
Judicial application:
Ordinary land proceeding. (Public Land Act – Act 141 [Sec. 48 (b) {1}] and (PD
No.1525 [Sec. 14(1 & 20] – Judicial confirmation of imperfect title
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Original Certificate of Land
****the prohibitory period is reckoned from the issuance of the patent by the
issuing authority (DENR Sec or PENRO or Centro as the case may be and not
from the date of registration. (Sec 118, Public Land Act {CA 141})
DENR Administrative Order No. 2003 dtd March 17, 2003, revoking the earlier
DENR Administrative Order No. 2000 – 83 dtd November 13, 2000
All applications for land titling in classified A & D lands and the issuance of
lease/permit over public lands in small islands, whether new or renewed, or
any extension of the same, shall now be processed in accordance with the
existing administrative/operational procedures.
Administrative Titling
*Indigenous Peoples Rights Act – IPRA (R.A. 8371 – October 29, 1997)
Issuance of Title by way of Judicial Decree issued by the Court in a Judicial application
for original registration of title
Ordinary Judicial Application for ORIGINAL registration of title under (Public Land
Act – Act 141 [Section 48 (b)]) and (Property Registration Decree – Property
registration Decree [Section 14 (1 & 2)] – Judicial confirmation of imperfect title
Cadastral Registration Proceeding under P.D. No. 1529 (Property Registration
Decree) in relation to Act no. 2259 – Cadastral Act (February 11, 1913)
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CADT and CALT, mere recognition of a native title, thus strictly speaking, not part of
Torrens system
ISAGANI CRUZ vs. SEC. of DENR (SC G.R. No. 135385, December 6, 2000)
Land titles do not exist in the indigenous peoples’ economic and social system.
Thus, CADT’s and CALT’s are mere recognition of native title. Native title refers to
ICC/IPs’ pre-conquest rights to lands and domains held under a claim of private
ownership as far back as memory reaches. The rights of ICCs/IPs to their
ancestral domains (which also include ancestral lands) by virtue of native title
shall be recognized and respected. Formal recognition, when solicited by
ICCs/IPs concerned, shall be embodied in a Certification of Ancestral Domain
Title (CADT), which shall recognize the title of the concerned ICCs/IPs over the
territories identified and delineated
However, for the purpose of bringing the Ancestral Land into the legal regime of
Torren system, the IP is given the option to apply for a torrens title un the Public
Land Act (CA 141) and Land Registration Act (Act 496. 12, IPRA law).
Ordinary Judicial Application for Original registration of Title under (Public Land
Act – Act 141 [Sec. 48 (b)] and (Property Registration Decree – Property
Registration Decree [Sec. 14 (1 & 2)] – Judicial confirmation of imperfect title
Cadastral Registration Proceedings under P.D. No. 1529 (Property Registration
Decree) in relation to Act No. 2259 – Cadastral Act (Feb. 11, 1913)
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Article 1113: All things which are within the commerce of men are susceptible of
prescription, unless otherwise provided. Property of the State or any of its subdivisions
not patrimonial in character shall be the object of prescription.
Article 419: Property is either of public dominion or private ownership.
Article 420: The following things are property of public dominion:
(1) Those intended for public use, such as roads, canals, rivers, torrents, ports and
bridges constructed by the States, banks, shores, roadsteads, and others of
similar character;
(2) Those which belongs to States, without being for public use, and are intended for
some public service of for the development of the national wealth.
Article 421: All other property of the States, which is not of the character stated in
the preceding article, is PATRIMONIAL PROPERTY.
Article 422: Property of Public Domain, when no longer intended for public use or for
public service, shall form part of the patrimonial property of the State.
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7. The processing concerns such personal information as is necessary (i) for the
protection of lawful rights and interests of natural or legal persons in court
proceedings.
8. The processing concerns such personal information as is necessary for the
establishment, exercise or defense of legal claims.
9. The processing concerns such personal information as is necessary when
provided to government or public authority
Excluded Information (Not Protected)
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4)Any personal information controller or personal information processor or any of its
officials, employees or agents, who, with malice or in bad faith, discloses unwarranted
or false information relative to any personal information or personal sensitive information
obtained by him or her
SEC. 26. Accessing Personal Information and Sensitive Personal Information Due to
Negligence. – (a) Accessing personal information due to negligence shall be penalized
by imprisonment ranging from one (1) year to three (3) years and a fine of not less than
Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons who, due to negligence, provided
access to personal information without being authorized under this Act or any existing
law.
SEC. 28. Processing of Personal Information and Sensitive Personal Information for
Unauthorized Purposes. – The processing of personal information for unauthorized
purposes shall be penalized by imprisonment ranging from one (1) year and six (6)
months to five (5) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00) shall be
imposed on persons processing personal information for purposes not authorized by the
data subject, or otherwise authorized under this Act or under existing laws.
SEC. 33. Combination or Series of Acts. – Any combination or series of acts as defined in
Sections 25 to 32 shall make the person subject to imprisonment ranging from three (3)
years to six (6) years and a fine of not less than One million pesos (Php1,000,000.00) but
not more than Five million pesos (Php5,000,000.00).
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care. The duty to obey the law should begin at the top and should not be frustrated
simply because no employee recommended such action. (NPC Decision)
b) The entity has a link with the Philippines, and the entity is processing personal
information in the Philippines or even if the processing is outside the Philippines a slong
as it is about Philippine citizens or residents such as, but not limited to, the following:
1) A contract is entered in the Philippines;
2) A juridical entity unincorporated in the Philippines but has central management
and control in the country;
3) An entity that has a branch, agency, office or subsidiary in the Philippines and the
parent or affiliate of the Philippine entity has access to personal information;
(Sec.6,b.1,2,3, Chapter 1)
c) The entity has other links in the Philippines such as, but not limited to:
1) The entity carries on business in the Philippines
2) The personal information was collected or held by an entity in the Philippines
(Note: Here the entity could be an outsourcer, a detective agency or any collector
of e-data, and the e-data was given to another entity)
Safeguarding the human rights of data subjects over their e-data is the primary
obligation of PICs under the Philippine Data Privacy law. It starts with crafting the right
data policies. But this is not a simple process. The Data Privacy Officer, the C-Suite
Officers and the BOD/BOT members of any PIC must be aware of the intricate
interweaving of various laws and jurisprudence (local and international), technical
solutions, management options, political issues, and linguistic and comprehension
studies and tests concerning online policies to prevent future legal actions relative to
their policies. Ignorance is no longer a luxury nor a defense under the Data Privacy Law.
Repealed
Section 35 – Allowance of Personal Exemption for Individual Taxpayer
Section 62 – Exemption Allowed to Estates and Trusts
Section 89 – Notice of Death Filed
INCOME TAX RATES ON INDIVIDUAL CITIZEN AND INDIVIDUAL RESIDENT ALIEN
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1. The graduated rates
OR
2. The 8% tax on gross sales or receipts and other non-operating income in excess
of P250,000 in lieu of: the graduated income tax rates and the percentage tax
under Section 116
A non-VAT registered taxpayer who initially opted to avail of the 8% option but
has exceeded the VAT threshold during the taxable year:
shall be subject to 3% Percentage Tax on the first P3,000,000 of his/her
gross sales/receipts under Section 116 of the Tax Code, as amended,
without imposition of any penalty if payment is timely made on the
following month when the threshold is breached
the amount over the threshold shall be subject to VAT prospectively, and
the 8% income tax previously paid shall be credited to the Income tax
Due under the graduated rates provided in Section 24(A)(2)(a).
Taxpayer shall be considered as having availed of the graduated income tax
rates, unless the taxpayer signifies in the 1st Quarter income tax return or the initial
quarter of the taxable year after the commencement of a new
business/practice of profession, the intention to elect the 8% income tax rate
and such election shall be irrevocable and no amendment of option shall be
made for the said taxable year.
Taxpayers who did not qualify for the 8% tax rate shall be subject to the
graduated income tax rate, and shall also be subject to the applicable business
tax/es, if any.
Taxpayers who cannot avail of the 8% income tax rate:
Those subject to Other Percentage Taxes under Title V of the Tax Code, as
amended, except those subject under Section 116 of the same Title
Partners of a General Professional Partnership (GPP) since their distributive
share from GPP is already net of cost and expenses
INDIVIDUALS NOT REQUIRED TO FILE ITR
Note: The creditable tax withheld is deductible from the income tax due.
ESTATE TAX
What are the allowable deductions for Estate Tax Purposes?
For a citizen or resident alien
1. Standard Deduction – P5,000,000
2. Claims against the estate.
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3. Claims of the deceased against insolvent persons where the value of the
decedent’s interest therein is included in the value of the decedent’s interest
therein is included in the value of the gross estate
4. Unpaid mortgages, and casualty losses
5. Property previously taxed
6. Transfers for public use
7. The family home – fair market value but not to exceed P10,000,000
8. Amount received by heirs under republic Act No. 4917
Net share of the surviving spouse in the conjugal partnership or community property
DONOR’S TAX
SEC. 264. Failure or refusal to Issue Receipts or Sales or Commercial Invoices, Violations
related to the Printing of such Receipts or Invoices and other violations
Fine: Not less than P500, 000 but no more than P10,000,000 and imprisonment of not less
than 6 years but not more than 10 years
What is ADR?
A wide variety of processes, practices, and techniques.
Arbitration and mediation are the best known and most frequently used types of
ADR, but not the only ones.
Mini-trials.
Early neutral evaluations.
Summary jury trials (less well-known form of ADR and not adopted by our ADR
Law).
What is the State Policy on ADR?
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Per Republic Act No. 9285 – ADR Law (April 2, 2004), to:
Promote party autonomy in the resolution of disputes;
Promote the freedom of the party to make their own arrangements to resolve
their disputes;
To achieve speedy and impartial justice and declog court dockets;
To provide an efficient tool and an alternative procedure for the resolution of
appropriate cases;
To enlist active private sector participation in the settlement of disputes;
State Policy
Freedom of the party to make their own arrangements to resolve their disputes, thus:
1) The parties may agree to refer one or more or all issues arising in a dispute or
during its pendency to other forms of ADR (i.e. mediation, mini trial, etc.);
2) By written agreement of the parties to a dispute, an arbitrator may act as
mediator and a mediator may act as arbitrator;
3) The parties may also agree in writing that, following a successful mediation, the
mediator shall issue the settlement in the form of an arbitral award (Sec. 36, ADR
Law).
What is ADR System?
Any process or procedure used to resolve a dispute or controversy, other that by
adjudication of a presiding judge of a court or an officer of a government
agency;
A neutral third party participates to assist in the resolution of issues.
What are the ADR System?
Mediation (INCLUDING CAM);
Conciliation;
Arbitration;
Early neutral evaluation;
Mini-trial; or
Any combination thereof;
Judicial Dispute Resolution (A.M. 11-1-6-SC-PHILJA
J. CONFLICT OF LAWS
Speaker: Carlito B. Calpatura, Presiding Judge, Makati Regional Trial Court, Branch 145
-Conflict of Laws deals with that part of municipal law of a state which directs its courts
and administrative agencies, when confronted with a legal problem involving a foreign
element, whether or not they should apply a foreign law/s
-The rule of forum non conveniens allows court to decline the exercise of its jurisdiction
over a case as another court may be more adequate to hear and decide over it.
-It is a concept similar to res judicata, litis pendentia, and forum shopping
-Forum non conveniens is a means devised to address parallel litigation arising in
multiple jurisdictions
-Forum non conveniens is a device akin to the rule against forum shopping. It is
designed to frustrate illicit means for securing advantages and vexing litigants that
would otherwise be possible if the venue of litigation (or dispute resolution) were left
entirely to the whim of either party.
-While the rules of forum shopping, litis pendentia, and res judicata are designed to
address the problem of parallel litigation within a single jurisdiction, forum non
conveniens is a means devised to address parallel litigation arising in multiple
jurisdictions
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-Under the Labor laws of Saudi Arabia and the Philippines, it is illegal and unlawful to
terminate the employment of any woman by virtue of pregnancy.
In resolving the conflicts problem, courts should ask the following questions:
1. Under the law, do I have jurisdiction over the subject matter and the parties to this
case?
2. If the answer is yes, is this a convenient forum to the parties, in light of the facts?
3. If the answer is yes, what is the conflicts rule for this particular problem?
4. If the conflicts rule points to a foreign law, has said law been properly pleaded and
proved by the one invoking it?
5. If so, is the application or enforcement of the foreign law in the forum one of the
basic exceptions to the application of foreign law? In short, is there any strong policy or
vital interest of the forum that is at stake in this case and which should preclude the
application of foreign law?
Cause of Action
-A cause of action is the act or omission by which a party violates a right of another.
(Rule 2, Sec 2)
-WHO did WHAT
-WHEN, WHERE to WHOM
-WHY
-HOW
Case Analysis
-Is the examination of all the issues to reveal possible solutions.
-What is this case about?
-Case theory is the core of the strategy to influence perception on the issues to have
them resolved in some way
-Re-direct examination – After the Cross-Examination of the witness has been
conducted, he may be re-examined by the party calling him to explain or
supplemental his answer given during the cross-examination. On re-direct examination,
question matters not dealt with during the cross-examination may be allowed by the
court in its discretion. (Rule 132, Sec. 7)
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
L. THE ART OF CROSS-EXAMINATION
By: Jose Armand C. Arevalo
UP Institute for the Administration of Justice, UP Law Center
-Process of questioning the adverse witness “As to any matters stated in the direct
examination, or connected therewith, with sufficient fullness and freedom to test hi
accuracy and truthfulness and freedom from interest or bias, or reverse, and to elicit all
important facts bearing upon the issue.”(Sec. 6, Rule 132, RC)
-It requires the greatest ingenuity; a habit of logical thought; clearness of perception in
general; infinite patience and self-control; power to read men’s minds intuitively, to
judge their characters by faces, to appreciate their motives; ability to act with force
and precision; a masterful knowledge of subject matter itself; and extreme caution;
and, above all, the instinct to discover the weak point in the witness under
examination.(Francis Wellman, Art of Cross-Examination)
Purpose
-Cross-Examination serves as a safeguard to combat unreliable testimony, providing
means for discrediting a witness’ testimony, and is in the nature of an attack on the
truth and accuracy of his testimony. The purpose of cross-examination, however, is not
limited to bringing out a falsehood, since it is also a leading and searching inquiry of the
witness for further disclosure touching the particular matters detailed by him in his direct
examination, and it serves to sift, modify, or explain what has been said, in order to
develop new or old facts in a view favorable to the cross-examiner. (People v Rosario)
Social media
Social interaction using technology (such as the Internet or cell phones) with any
combination of words, picture, video, or audio, with an interactive component.
It generally encompasses at least three forms:
(1) Online social networking (which may take the form of a newsletter, personal
journal, or a network of acquaintances for personal or professional use such as
Facebook and LinkedIn);
(2) Blogs and microblogs, such as Twitter; and
(3) video-sharing services like YouTube, customer commentary, websites and
other means of sharing user-generated content.
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Duty not to respond to negative comments about you by your clients
Duty not to threaten your former boss online
Duty not to Photoshop your ads
Duty not to practice online while your license is suspended in real time
Social Media is here to stay. Survival in the legal profession is no longer measured by the
practice of Big Law but by “dint of the most responsive” and tech savvy lawyers who
can navigate through the legal and ethical morass of social media and deliver
effective service for their clients.
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