Professional Documents
Culture Documents
LAND TITLES AND DEEDS - Pag nag perform agri activities not enough bec
accdg to sec 3, there must be enabling law
What lands may be acquired in the Phils?
which classifies in agri land
GR: Regalian Doctrine, all lands belong to the State, - What is enabling law? public land act CA 141
only agricultural lands may be alienated in favor of
private individuals
CA 141 – what is required?
Sec 2 Art 12 of the Consti
1. Delimited
Lands of the Public Domain
2. Delineated
-presumed to be owned by the State 3. Classified
4. Must be “survey” – the metes and bounds of the
-or to be devoted for public use parcel of land must be determined
BASIS: Regalian Doctrine – introduced by the 5. Declaration- alienable and disposable – most
Spaniards, all lands emanate from the King/all lands important requirement
presumed to be owned by the State How to declare A & D?
EXN: Sec 2 Art 12 of the Consti 1. Admin act
-agri lands of the public domain may be alienated by SC: Rep v TAN Properties
public individuals
-individual used CENRO (Comm Envi and Natural
-does not auto become agri land Resources Office) Certification – nag draft siya ng
Sec 4 Art 12 of 1987 COnsti – there are several petition cenro lang in-attach. Accdg to DENR of my
classifications of lands in the Phils province, it was declared A & D.
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ownership
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July 8-9, 2017
Atty Ed Albano III
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after WWII
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Atty Ed Albano III
-they entered into a purchase agreement 173000 hec -roads, canals, bridges, torrents constructed by the
of land in the Phils State
-How come cannot be declared as A & D? Accroding to -every year sinasarado ang Ayala Ave, why is it being
the agreement of the purchase (Friar Lands ACt), closed every year? Because Ayala wants to show
occupants may prove entitlement to their holdings. Makati who owns Ayala. It is not Makati government.
What will happen thereafter, after period of time It is me Ayala. Not constructed by the State. Not
required to prove, once you are not able to prove, the public dominion
land will revert back to the State.
-2006? Manila International Airport Authority v City of
-you do not know where they are in the first place? Paranque- yung runway wanted to subject it to RPT so
of course MIAA does not want that. Public Dominion
not susceptioble of Taxation. What was the ruling of
2. Indigenous People Rights Act (IPRA) SC? YES PUBLIC DOMAIN kasama sa enumeration e.
PORTS AIRPORTS as long as constructed by the State
Ancestral Domain
-Mun. of Casurubio? Town plaza. Can it be subj to a
Ancestral Land contract of lease? NO. prop of public dominion not
WHY? Express prohibition in the law to declare the subject to contractual relation.
parcel of land as A & D -cannot be subject to appropriation, contract, taxation
2. Patrimonial Properties
3. NIPAS (integrated protected areas system) ACT – -owned by the State WON for public use
protected under the law. let us say, mga rainforest,
watersheds. -owned by the State in its proprietary capacity
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Roponggi prop even with EO authorizing the sale of
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1. Properties of Public Dominion the properties? What do you mean EO? When Cory
KUPALOURD
July 8-9, 2017
Atty Ed Albano III
ordered the sale of Roponggi in order to raise funds Mountain into Housing Units. With disagreement,
after Marcos Regime. They looked for buyers then EO natuloy. SM demolished then houses built.
issued for the sale of properties. Sale was questioned.
Question: Is JA Valid? According to SolGen Chavez,
Can you actually sell Roponggi prop? Is the Roponggi
yung ating joint venture involved properties of NHA in
prop patrimonial in nature?
the nature of prop of public domain over which no EO
Arguments- declaring it patrimonial property. Dahil wala pa non,
invalid ang joint venture agreement.
SolGen- properties already abandoned. So in
accordance with the SOlGen, abandonment plus
intention, no longer intended to be used. What was the ruling of the SC?
-EO sufficient in order to declare parcel of land as The charter of the NHA provides for construction of
patrimonial prop (EO authorizing the sale) housing units to be sold as low cost mas mababa rito,
for sale to people of lower income brackets. Because
SC: NO! Cory cannot sell the Roponggi. The mere
yun ang charter ng NHA, what is the meaning of joint
abandonment of the property is not equal to its
venture entered into for construction of housing units?
withdrawal from the public dominion and conversion to
That is just in pursuance of the charter of the NHA. It
patrimonial property
means that even though no express act declaring the
In re: EO lands to patrimonial property, the charter meant that
there was an implied withdrawal of the property of
SC: It’s not sufficient. The EO did not sufficiently
public dominion and its conversion to patrimonial
withdraw inro patrimonial property. Dapat ang ginawa
property.
mo, EO declaring it patrimonial property saka nag
execute ng sale. Reason why Roponggi not sold. 3. Private Ownership – possession, ownership etc
Civil Code
-GENERAL RULE TO ng comparing patrimonial
properties from public dominion
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-the NHA entered into a joint venture with R-II -----
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Builders. Joint Venture sought toconvert Smokey
KUPALOURD
July 8-9, 2017
Atty Ed Albano III
Can all natural persons acquire land? NO. EXN: whereby citizenship is not a barrier to acquisition
of lands in the Phils
Why? There are conditions for acquisition of land.
1. Natural born Fil citz who have lost their Fil
1. citizenship citizenship may acquire private lands
Can a naturalized person acquire land in the Phils? YES What is private land? For purposes of academic
WHY? Because under the Consti is that the person is a discussion, not important for purposes of Exams,
Fil citizen, it is not required that must be natural born under CA 141, there are several modes of acquireing
citizen. Ruling in a 2009 ruling in the SC. ownership of private lands:
Source of GR: 1947 Alexander Crivenco – lost title to 1. Homestead- apply and then be granted the
land during WWII. Sought to reconstitute the title to homestead patent
his parcel of land. Filed action, again opposed by the 2. Free Oatent- must have been cultivating for 30
RD. You are not a citizen of the Phils. Since you are years and you are a natural born Fil Citizen
not a citizen, you cannot acquire land. 3. Sales Patent- apply for the patent for purposes
of purchase wichi can be sold via public auction
SC: 1. National Defense – if foreigners allowed to
acquire lands in the Phils. What if Chinese um-acquire Under the patent law, under whose name given? It is
lands near Malacanang? This may be detrimental to in the name of the RP but it is given in your favor.
our national defense. Under CA 141, what is the required period of
possession of the parcel of land? 5 5 10 (SP), cannot
2. So Phils may not be a source of international absolutely dispose.
conflict – e.g. Mr. A sold a parcel of land to B, an
American Citizen, enterd into a double sale transaction e.g. If A enters into a Contract of Sale with respect to
to Mr. B. If located in the Phils, there may be a chance a land granted a free patent- VOID. Because the
that it maybe a source of internation conflict. DI KO parcel of land is owned by the RP.
GETS.
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July 8-9, 2017
Atty Ed Albano III
e.g. After 5 years, 6-25 years, A entered a contract of under the condo code, once the units of condo
sale, it is voidable, if with approval of Sec of DENR, acquired they may organize as condo
may be valid. corporation, they are now subject to
grandfather rule of 60-40 PR House Builders
What kind of land is involved? Alienable and
Case 2008 – Tie it up with the corp 60-40 rule
Disposable land of the public domain? What happened
after 25 years? Automatically converted to private
lands.
What are the allowable land areas? 2. age- why a restriction to acquisition of land in the
Phils? Because if one enters into a contract with a
1. Urban / Residential – How many hectares of land?
minor, VOIDABLE.
1000 sq meters
In what instances can a person 17 years old and below
2. Rural/Residential – 5000 sq meters of land
able to acquire a parcel of land in the Phils? Via
3. Rural/Commercial – 3 hectares land Implied Trust under Art 1484 of the Civil Code. – if a
parcel of land was purchased by a person using his
4. Urban / Commercial- 1 hectare land money and title is given to another, what is the nature
of the transaction? It is a resulting trust as a kinf of an
implied trust. But under Art 1484, if title given to the
2. Foreigners via hereditary succession can acquire child of the person who has a money, what is the
private lands in the Phils nature of the transaction? It is presumed to be a gift
Estate of Ramirez – what kind of succession? ONLY in favor the child, under Art 1484 of the CC.
INTESTATE Succession- when a decedent dies, when does the
prop pass on to the heir? Upon the death of the
decedent.
3. Foreign Sovereign (under the SC Ruling 1994
Case Holy See v Rosario?) – so they can put up 3. allowable land area
their embassy and consular offices When we are talking about A & D land of the PD, the
rule is that, under the Consti, how many hectares of
land can a person acquire? For purpose of A & D, 12
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4. Condominium Units- they can be subject of an hec of land only.
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acquisition by Foreigners. They can be acquired
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July 8-9, 2017
Atty Ed Albano III
How about if you are referring to private lands? Is Let’s say it wants to acquire a parcel of land for the
there a limitation of ownership of private lands? housing project of its employees? Can it acquire? NO.
not in accordance with its purpose as a transpo
GR: NO.
company. Because the limitation is provided for under
EXN: Comprehensive Agrarian Reform Progam- a Sec 36 of the Corpo Code.
person can retain 5 hectares of land for himself and 3
e.g. publishing company- seeks to acquire for its
hectares for his children of agricultural lands.
offices for its publication. Can it acquire for this
Otherwise, may be taken by the State under CARP.
prupose? YES necessary and useful to the business
See natural born who lost Fil citizenship
How about Insurance Companies?
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necessary to the business purpose. BANKS – can a bank acquire a parcel of land for its
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use of its office and its branch?
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July 8-9, 2017
Atty Ed Albano III
-an entity engage in acceptacnce of deposits for it to SC: 2012 Rep v Metro Index Realty Corp
be handed out as loans. In accordance with necessary
An individual was seeking to register 3 hectares of
and useful business purpose, will acquisition of land be
land- that he has planted on this land since time
in accordance with its business purpose, of course not.
immemorial 3 avocado trees, 1 star apple, 1 mango.
But there are instances, 1. In satisifaction of
So sabi niya, nuno ko pa tinanim niya yang mga sa
indebtedness; 2. Dacion en pago; 3. By virtue of
mga lupa na to sa 3 hectares of land na pag aari
foreclosure. In this 3 instances, the bank can acquire
namin, since june 12 1945 or since time immemorial.
lands. Under Gen Banking Laws, sell lands within a
Is this enough to register the land in my favor?
period of 5 years.
Basahin mo Rep v CA? OK? HAHAHA! So yang iilang
avocados itabla mo Rep v CA.
HOW MAY PARCELS OF LAND BE ACQUIRED AND
REGISTERED?
- Just remember the who: natural and juridical REP v CA – what did the SC say?
persons
SC: individual sought to register 138 hectares of land.
When we talk how may be acquired? PD 1529 to. What proof did he give? He presented the planting of
What kind of land does it deal with? It is only PRIVATE 7000 coconut trees on 138 hectares of parcel of land.
LANDS, which are the subject of discussion under PD How did the SC classify this? This is merely CASUAL
1529. CULTIVATION. Because you did not really intend to
occupy and possess the 138 hectares of land. Hindi
How Acquired?
mo talaga intension. This is not sufficient.
Sec 14 of PD No. 1529 Tackles on who may apply for
You planted coconut trees, after that what do
registration.
you do? Nothing. You just plant, water it, then
1. Those whose predecessors have open wala na. Kumbaga kalimutan mo na coconut
continuous exclusive notorious possession and tree until such time na lumago. 7000 trees for
occupation 138 hectares of land. How many if you are to go
2. Since june 12 1945 or since time immemorial from casual to the required possession and
occupation, you should have at least planted
100 trees per hectare of land. Not enough.
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SC: pinag iinitian possession and occupation. Is realty
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tax payment? Of course not sufficient. Strict sila dito.
KUPALOURD
July 8-9, 2017
Atty Ed Albano III
Lagyan mo raw ng fence, delineate, determine your at the time of application, then may be registered in
boundaries, perform agricultural activities. your favor.
Offshoot: Unfair situation Ano ibig sabihin? Only from year 2000 naging
pwedeng I occupy ang parcel of land for prescription
Balik tayo classification of land: Let’s say considered to set in.
forest land during the time, you have been occupying
it, so 1945 that’s forest land. Under the civil code, was This is the unfair situation.
there considered possession? Can you possess
something cannot be alienated by a private person?
NO. However, because of the SC, that changed. SC: Sec 14 Par 3
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eventhough you have been possessing since June 12
Accretion
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1945 forest land, as long as have been declared A & D
KUPALOURD
July 8-9, 2017
Atty Ed Albano III
Basically, Art 457 of Civil Code. Succession- When does property pass by the
succession? Only upon the death of the
To the owners of land adjoining the banks of
decedent
rivers belong the . . .
Sales- what is the requirement of a contract of
Where does a bank of the rivers start? sale? 1. Object certain- sabihin natin itong
location na to, let’s say the contract of sale
1. After the 3-meter easement provides that a parcel of land 500 sq meters
2. Must be river water located along P. Legardo St., in between JASMS
3. Must be gradual and imperceptible and. So yan ang description. Is this a valid or
Agustin v IAC – 48 years accretion in Cagayan River of do youhave to indicated the technical
19 hectares description? Pwede nay un una as long as
youcan clearly identify the location of the
SC: Because nobody noticed that the owners of the property ; 2. consent and 3. Consideration- A &
riverbanks of Cagayan River enjoyed the benefit of B enterd into contract of sale of land for 1M,
accretion government did notice, barangay did not payable in installmetns. Valid? NO. when you
notice kaya gradual and imperceptible are paying in installemtns, that must be stated.
4. Cannot be man-made Oral contract of sale over a parcel land? Valid,
as long as hindi siya 1403 Statute of Frauds.
If man-made, it belongs to the State in the form of
RECLAMATION.
Donation – what is the only requirement of 1. Prepare a pleading (in re: petition for
donation of immovable property? MUST BE IN A application for registration)
PUBLIC INSTRUMENT PATI ACCEPTANCE WHICH Who may apply? (see above)
MUST BE COMMUNICATED DURING THE Attachments to your application
LIFETIME OF THE DONOR o Survey of the parcel of land- delineation
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of the metes and bounds of the parcel of
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KUPALOURD
July 8-9, 2017
Atty Ed Albano III
land- technical description can be o Judgment in the Land Reg Proceeding- what is
produced the difference with the judgment in ordinary
o Monuments of title (e.g. realty tax civil action. What is the period ord attains
payments, pictures of the parcel of land)- finality? In land registration, 30 days.
proof of entitlement to registration
Do you need to file a motion for execution once you
o Notice – who is in charge for sending out
attain a judgment? NO, because in 2007 the case of
notice? THE LAND REGISTRATION
Rep v Tilias ? – the procedure for original reg is
AUTHORITY. Bakit? Parang parehas lang
complete in itself as based on PD No. 1529. So when
sa civpro, sino nag s serve ng summons?
the SC says complete, it means that after the
Yung process server, yun ang in charge.
judgment has been entered it is automatic for the RTC
What is the notice requirement? 1.
to file / forward to the LRA, without need for a motion
Publication in a newspaper of general circ
for execution.
and official gazette once 2. Posting in
conspicuous place in the city / What is the duty of the LRA? To enter the decree of
municipality and the parcel of land itself registration. The LRA will produce to 2 Torrens CTs
3. Mailing to SolGen for purposes of (OCT, Owner’s Duplicate).
opposing. The LRA thru the process
server is in charge with the 3-notice rule The LRA will forward the title to the Register of Deeds.
of Sec 21 of PD 1529.
Fewkes CASE – if you do not comply with the 3-notice The RD will enter it in the primary reg book.
rule required by PD 1529, of course, there would be The owner’s duplicate certificate shall be given to the
no juris over the res owner.
Suppose the trial type proceedings were conducted QUESTION: if your title is lost, do you think you can
without the participation of the SolGen? Do you think come with the LRA, at sabihin mo, please print me a
SolGen estopped from filing the appeal? NO. Because, copy of my title. Hindi pwede yon. Nasa RD lang lahat
in your admin law, the State cannot be estopped by ng title na meron lahat ng property.
the acts of its agents. Not prejudicial to the State.
Yung OCT nasaan ito? Nasa RD. So owner’s duplicate
All applications for original applications, generally the ang nasa owner.
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SolGen opposes. Petition for annulment.
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o Trial
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Atty Ed Albano III
TORRENS CERTIFICATE OF TITLE Mr. A (Acusallian) owns a parcel of land. Soldier siya.
Napabayaan niya ang lupa niya. Mr. B (Marangan)
What is the purpose? The purpose is to forever quiet
took over the land. Mr A. then went to his property
any issue as to who owns the land. Once you have it,
and wanted to build a house. Nakita niya si Marangan.
rest assured, you can wait in the mirador de su casa
As the torrens certificate of title was in the name of
(?)
Mr. A, he filed for reconveyance or recovery of
How come a torrens title puts into rest any issue? property.
Because there are protections granted to a holder of a
Question: Is Mr. A estopped? Kasi 17 years have
Holder of Torrens Cert of Title.
passed before he claimed his land?
Spanish Titles – Heirs of Don Pedro Estate 1996
SC: NO. The GR: titile to a parcel of land cannot be
In this case, Don Pedro alleged that he has Spanish taken away by adverse possession – when Marangan
title to lands in Luzon (nueva ecija, taguig, etc). what took the parcel of land adversely against Mr. A.
is the value today of a Spanish title?
What if 31 years yung occupation ni Marangan sa
SC: They have 0 value nowadays. Bakit? When PD No. land?
1529 was enacted into law, there was another PD that
The exception to the rule is laches. Unreasonable time
was enacted na kasama rito. And this PD provided that
provided for by law is 30 years, statutorily.
within 6 mos. From the enactment of PD 1529, you
have to transfer all of your Spanish titles to Torrens
title, otherwise, wala ng value ang Spanish title.
Another case: Encroachment
174,000 hecatres of land are involved. Magkano kaya
What if lasted 55 years? Was there adverse
filing fee niyan?
possession? YES.
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- What is adverse possession?
Under constructictive notice, kung ano nakalagay sa
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2007 Case of Acusallian v Marangan (?) Torrens Title mo, there is a presumption that you
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July 8-9, 2017
Atty Ed Albano III
know that. From day 1, that there was an Let’s relate this to collateral attack- when you file an
encroachment until 55 years later, what is the action for orginal registration. What happens? The
presumption under constructive notice that B was parcel of land is subject to a judgment before your
supposed to know? RTC. The judgment, if you file another action against
the same parcel of land same cause of action, what is
He was supposed to know that A was encroaching on
the defense of the person? What is the person actually
his land. Eventhough hindi moa lam. Under Sec 52 of
attacking? The judgment of the court! This is your
PD 1529, there is presumed knowledge. Tatakbo si
equivalent of res judicata in parcels of land – collateral
laches. The encroachment resulted in the loss of the
attack.
property.
Sps Apostol Case
BASIS: judgment in the original registration SC: This being a question of possession. Collateral
proceeding attack!
To better understand, let’s refer to an ordinary civil Let us say hindi Rule 70 ang defense ni C. What if C
action. E.g. Complaint for a Sum of Money- when you files an ordinary civil action against B for annulment of
file a case like this, what is the possible judgment? A contract. Is there a valid weight to question the
either claims sum of money against B or not able to transaction knowing C has right of first refusal, is that
claim sum of money against B. When a judgment is a valid claim? Yes, you are directly attacking the
reached, what happens? Ano principle kelangan transaction.
tandaan pag nagkaroon ng final judgment? Res
Unlike in spouses Apostol, SC: this is a question only
Judicata. Same issue same case hindi na available,
of possession. Hence, you have no right to allege right
you cannot file another action based on same facts
of first refusal.
same issues. Diba res judicata. If A later decides to file
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another case against B? Defense ni B: Res Judicata. What is the source of the title? The contract of sale.
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Atty Ed Albano III
2014 Case Estunac Corp? Kung ano nakalagay sa torrens title, yon e.
Constructive notice yan.
A and B magkapatid. Pinamana ng tatay nila dalawa
lupa. E ayaw ni B ng lupa na yan, mas maliit daw kesa
kay A. Dahil pinamana, dumaan sa probate
4) Protection against Double Sales
proceeding, nagkaroon ba ng judgment in a probate
proceeding? Yes. Now, B filed an action for original -whoever first registers the property
registration of A’s parcel of land, instead of
questioning the judgment obtained in probate A sold parcel of land to B. Jan 1
proceeding. A sold the same to C. Jan 2
SC: Collateral attack! B despite knowledge of the transaction registered the
Just think of res judicatac. What is the source of title same in his favor. Is he entitled to register the
to the parcel of land? Was there final judgment as to property in his name? YES, rule on double sale only
title? If yes, then collateral = res judicata. applies to the second purchaser.
3) Constructive Notice Sec 52 of PD 1529 A sold parcel of land to B. B did not immediately
register. F occupied the parcel of land. A sold the
-fiction in law that you have knowledge of something same to C. C immediately registered the parcel of land
when you do not have any in his name and collected rentals. So kinwestyon ni B
if C is a buyer in good faith. Sabi ni B, may occupant e
2010 SC CASE
you cannot be considered in good faith.
A sold a parcel of land to B. Later on, B did not
SC: C is a buyer in good faith. Positive steps na
immediately consolidate ownership in his favor. B did
ginawa ni C, registration of the prop in his name, he
not immediately transfer title to him. C filed a
was entitled to the property and now he only has to
complaint for sum of money against A. Na-attach yung
prove good faith. There was a failure of B to prove
property. The TCT reflected the name of A kasi hindi
that C was in bad faith.
nga kinonsolidate kaagad. Of course, reklamo si B.
The question was asked, who has a greater right over Being a buyer in good faith is a state of mind. If you
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the property? C or B? The answer is C because of are able to satisfy reqs of good faith: 1. Pay full price
constructive notice.
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July 8-9, 2017
Atty Ed Albano III
of the prop; and 2. You have no knwosledge of any GR: you are in good faith in transacting a parcel of
defect of title over the parcel of land land under a fraudulent transaction under the curtain
principle when you see nothing on the front and on
In this case, C was not proven to have knowledge of
the back and no defect which aroused suspicion
transaction between A and B.
What if your suspicion is aroused? 2011 White Plains
property
5) Mirror Principle – it is the principle of law which
Property belongs to G. A filed a petition for
validates an otherwise invalid transaction. Fraudulent
reconstitution of title of G. Anong ibig sabihin ng
transaction validated upon compliance with the
reconstitution – nawawala title ko kelangan ko ma
requirement of the law.
issue-han ng bagong owner’s cert. After ma file
e.g. mag-asawa A and B. B lalaki umalis. A babae petition for reconstitution, he has annotated ng deed
binenta property kay C by forging the signature of B. of absolute sale. Absolutely, false signature of G. so
Valid transaction? VALID TRANSACTION. Why? What was able to secure title in his favor. A sold to B 300 sq
was the purpose of the mirror principle? Why an meters for 2M. As a rule, if you buy a parcel of land
innocent purchaser for value is protected? Let’s 300 sq m for 2M. suspicious diba?
assume C is an innocent purchaser for value. The
SC: Since you bought parcel of land in White Plains
integrity of the torrens system will be placed in
only for 2M, is there such an animal? Wala diba? So
shambles in disrepute if the innocent purchaser for
ano sabi ng SC? BAD FAITH BUYER. Alonzo v Cusi
value is not protected. Movement ng parcels of land
will be affected.
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dapat? Apply the curtain principle, as a GR. No stringent rules which we can follow it is merely a
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determination of whether your suspicion is aroused.
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July 8-9, 2017
Atty Ed Albano III
What will you do if your suspicion is aroused as a even without due diligence in purchasing a parcel of
natural person? DUE DILIGENCE land.
1. Go to the RD and secure a certified true copy of They have to perform due diligence. Not enough to
the title- this is public document; available to perform just a mere examination of torrens title for
anyone the purchase of parcel of land. They are charged with
2. Visit the parcel of land involved the duty of extraordinary diligence with their clients.
3. Interview neighbors; people who probably
knows the parcel of land
4. Geodetic engineer- I p plot mo if yung torrens REMEDIES
title na may technical description, yon talaga
Remember there 2 kinds of remedies
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When you are talking about special kinds of corpo, is it
enough for them to perform the curtain principle or
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Atty Ed Albano III
Another remedy after 1 year from the issuance of SC: the certificate of parcel of land is not equivalent to
registration ownership. Eventho you have cert to the land, but
ownership has passed to another. Then wala na.
-How come if title becomes indefeasible after one year
from issuance, how come there is still a remedy after 1. Action for reconveyance
1 year?
-the claimant must prove the identity of the parcel of
SC: when you are availing of the ff remedies: land
reconveyance, quieting of title, what are you trying to
-and his right over the land
do? You are just tryong to transfer ownership of the
parcel of land. You are not trying to transfer the
certificate of title. They are 2 different concepts.
GROUNDS:
Certificate – torrens cert
-actual or extrinsic fraud; what instance? Yung mga
Is the torrens title equivalent to ownership? NO double sales, mirror principles, fraudulent transactions
IN A CASE, PERIOD OF PRESCRIPTION: 4 years
A possessing a parcel of land agricultural in nature
sold a parcel of land to B. Untitled parcel of land. Later
on, when the parcel of land which is subject of the -intrinsic fraud- fraud perpetuated na mahirap
CARP, kumbaga magsasaka si A, nagkaroon ng Cert of kalaban; vitiates consent without the kalaban mo
Land Ownership Award (CLOA) si A pero nabenta na knowing it e.g. false testimony
niya kay B yung property. A tried to get more money PERIOD OF PRESCRIPTION: 10 years
from B. May CLOA na yung property, give an
additional amount sabi ni A. Bakit? Because may
CLOA, the property became more valuable. During this -void contract
time, gusto na pa register ni B yung lupa. Wala pa title
si B. Title issued to A by virtue of CLOA after the sale PRESCRIPTIVE PERIOD: imprescriptible
to B.
e.g. Heirs of Dr Intac 2012 SC CASE
QUESTION: Who has a better right? B has better title.
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yung nurse si B sabi kay doc, can I borrow your parcel
of land in your name, kasi gusto ko mag loan I want it
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to be a collateral. Accommodation party sana. Kaso
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July 8-9, 2017
Atty Ed Albano III
tramsfer of title dito. Di na sinauli ng nurse. Is there SC: YES! If you do not devote the prop to the public
action for reconveyance in this case? YES. VOID purpose by which you took it for, then it can be
CONTRACT NO CONSIDERATION. recovered by the private individual.
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fraudulent transaction. 2 years only applies kung
turned to another purpose, did it give A a right to walang nagyaring kalokokhan.
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recover the property?
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Atty Ed Albano III
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1. When one has title v. No title
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Atty Ed Albano III
In 2008, CLAVIO REYES v LINTE? So nahanap na. ok na siguro. But just to inform you
ano nangyare. Tumawag, ano nangyari? Nakita na nila
Yung isang tao siya yung share-tenant, ibig sabihin
yung tao pero ngayon hindi na makita yung isa pa.
sakahin mo yang lupa nay an para hati tayo sa ani. In
every step of the way gusto ng PERA!
accordance with my master, may kasulatan kami na if
or after my death, sayo na mapupunta yang property
nay an and then a cert to that effect.
When you talk about a double title
Yung kalaban ng magsaska may deed of absoulute
QUESTION: Which is the valid title?
sale + torrens title
1. The earlier in date prevails- sinong mas
Sino mananalo? PALAGI YUNG MAY TITLE
matandang title prevails
What if ikaw ang lawyer nung may kasulatan? Sirain 2. Geodetic engineer examination determining the
mo yung title nung kalaban. metes and bounds if you are actually comparing
similar properties
3. Backtrace – determine where the title came
2. DOUBLE TITLE- parehas tao may title from. Pano mo malaman? Punta ka RD.
Meron daw transaction sa lupa. Meron daw pina In an SC decision, you can find out in backtrace which
annotate na adverse claim sa lupa. Adverse claim is is the valid title.
bantay salakay. Pag nagpa annotate ng adverse claim
Earlier in date prevails
sa lupa mo, that will put anybody in bad faith. Yung
adverse claim na yon was there since 2001. Ano
nangyre? Nong pumunta sa RD, nagkaroon na ng
4. ESCHEAT- when prop is acquired in violation of
settlement e, can we look for the adverse claim? Sabi
the Consti
ng LRA, kasi absent ngayon yung taong nag p process
nung ganon. Nung pumasok, sabi, nako yan pumirma A and B were the vendor vendee. B foreigner. Property
nay an wala nay an dito e. diba madali naman Makita is escheatable filed by the SolGen. If you’re the lawyer
sa computer yon? Tas kamot ulo na kelangan ng for the foreigner, can you tramsfer in favor of a
padulas. Edi nangyari, kumausap nan g taga RD. Filipino to remedy the problem? YES.
kumausap, OK. Ok hahanapin naming yung tao nay an
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for 15K.
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July 8-9, 2017
Atty Ed Albano III
Patent – anything new; technical solution When are you protected? GR: no need to register as
of a problema; involves an inventive step; long as you are the owner of
industrially applicable Reg + use the copyright, you are entitled
to protection
BUT
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Si San Francisco Coffee put up
coffee shops under the name San
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Francisco Coffee.
KUPALOURD
July 8-9, 2017
Atty Ed Albano III
INVENTIVE STEP When you register, you have to Copyright is the legal right to
use. use or prevent the use of
1969 Ruling of the SC- intellectual creation
DECLARATION OF ACTUAL USE
QUESTION: -within a period of 3 years from the
time you registered the mark
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Itong isang tao naka imbento ng tiles na
decorative pwede ng pang wall. Kino
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July 8-9, 2017
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na beer yung same type of bottle?
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KUPALOURD
July 8-9, 2017
Atty Ed Albano III
RESTAURANT NA SHANGRI-LA v
SHANRI-LA HOTEL
Resto- I have been operating for a
long time. Napanaginipan ko tong
logo na to in a dream. Pinagawa ko
sa gumagawa ng karatula ng jeep.
Pero no intention to copy.
Hotel- nagdemanda same logo
same name.
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SC: Resto, really?
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Atty Ed Albano III
LACOSTE CASE
Lacoste Chemise tried to registered.
Lacoste international nalaman.
Lacoste Chemise sabi, you are not
registered in the Phils, hence,
cannot be entitled to trademark
protection.
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KUPALOURD
July 8-9, 2017
Atty Ed Albano III
MIRPURI v CA
Women’s underwear na Barbizon, is
New York registered. An imitation
brand was introduced in the Phils.
New York found out. Sued for
infringement.
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between the goods or the
owner
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July 8-9, 2017
Atty Ed Albano III
Hence, complain.
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kanila nag orginate yung goods
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to a problem; new; industrially applicable; 1. File petition for registration 1. First public distribution
of the mark attach the name 2. Rentals
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KUPALOURD
July 8-9, 2017
Atty Ed Albano III
Yung wheel barrow. Usually paharap ang Initially 10 years, but as long as 1. Right to have the work
buhos niyan pag dinadala ng construction you keep paying the fees, you can attributed to you
worker. Ngayon pa-side na huhulog ang be entitled to the registration of 2. During adaptation, right
wheel barrow. trademark continuously to make the necessary
editing
QUESTION: utility model or patent? 3. Adaptation
4. Right to prevent
SC: UTILITY MODEL. NO inventive step distortion
here you just improve Michael B. Jordan has the right
to prevent the distortion of his
Another characteristic: It is an face. Bawasan yung pasa
improvement of technology pasa. (totoo ba to?)
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the public as to products of one for Who owns now?
another DEPENDS
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KUPALOURD
July 8-9, 2017
Atty Ed Albano III
WHAT IF NO AUTHOR?
PUBLISHER OWNS IT!
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SINO ANG MAY ARI NG
SOUNDS?
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SOUND PRODUCER
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Sketchers CASE v Strong shoes So mangyayari, you are
- Stylized “s” logo ng sketchers just a rubber stamp.
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KUPALOURD
July 8-9, 2017
Atty Ed Albano III
Palafox- sikat na
SC: YES! There’s an infringement architect. Taga-approve
-there was a likelihood of confusion lang siya. Will be paid
as to the ordinary consumers millions just to approve.
because eventho as to price, sino
bang mas mura? Did strong shoes PRODUCERS, DIRECTORS,
price itself equivalent to sketchers? SOUND PRODUCERS
NO, but eventho magkaiba ang
presyo, yung ordinary consumer Sound Producer- has the right
pwede niya pagkamalaman na to the first release of his sound
lower segment shoes, using the -ano yan?
dominancy test Bakit sa movies yung
use of the logo obviously to soundtrack ng movies
mislead magkasabay bang ni r release
sa movie? HINDI, bec it is up
to the sound producer to first
DIAZ CASE release the soundtrack
-diaz reg his LSJ Tailoring Jeans
-ano ba ibig sabihin ng LSJ? Levi- Ano pa yung important na
Strauss Jeans right na kelangan natin
-Levis found out sued for tandaan sa
infringement producers/directors?
-they have a right to edit the
SC: No infringement. Mas mura film so that it will be achieve
jeans ng LSJ tailoring. And Diaz their standards
never said that this is Levi’s jeans.
Hindi naman sinabing factory What if yung Ocean 11 gusto i-
overruns. remake gagawing babae lahat?
Paalam ka sa producer
SC: LSJ Jeans was not purporting (adaptation)
itself out to be Levi’s Jeans.
PERFORMER’S RIGHTS
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1. First performance
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“quote” the source. Video
Courtesy of “---------“
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Atty Ed Albano III
3. Reproduction
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Nung vinideo si Angelo dela
Cruz na iniinterview, there was
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e.g. Automatic Transmission
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2. Examination – if complete
3. Filing Date
– first-to-file
-protection on non-prejudicial disclosure
20 years – patent
15 years – industrial design
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1. Use
2. Prevent use 1. News of the Day
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July 8-9, 2017
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QUESTION: Book-a-like
allowed? NO
REPRODUCTION OF WHOLE
WORK – required consent
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you do not register, kahit ikaw pa ang ng libro mo. And eventho I
inventor, you do not have any right to it. copied the examples,
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Atty Ed Albano III
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SC: if Pearl & Dean registered
the lightbox as an advertising
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July 8-9, 2017
Atty Ed Albano III
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of your patent without authority of the Buhay ng mother ni Jose Rizal
author was published in a school
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KUPALOURD
July 8-9, 2017
Atty Ed Albano III
let’s say the wireless microphone was paper. A magazine took this
being reproduced without authority publication and wrote in his
if you are the lawyer of the infringer, own without quoting.
what is your defense? I DO NOT KNOW
THAT YOU HAVE A PATENT FOR THE Was it infringement? YES. The
MICROPHONE magazine failed to quote the
source of the work
© presumption of knowledge
1. Test of Literacy
Kunwari si Honda, sasabihin the idea for
auto transmission is mine alone hindi
kinopya ke mazda. Nirehistro ko yan.
Kelangan ipakita patent (paper) given to
Honda. Bakit? Kasi titiginan yung
description. Literacy test nga e.
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transmission.” In this case, can you say na
parehong pareho sila? Honestly, pwede
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KUPALOURD
July 8-9, 2017
Atty Ed Albano III
2. Doctrine of Equivalents
Unfair Competition-
Making a product appeaer as if it belongs
to another
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hindi naman pala talaga SEIKO. You’re
misrepresenting the goods you
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