Professional Documents
Culture Documents
PROVINCE OF LA UNION
City of San Fernando
Dinah C. Castillo vs. Antonio M. Escutin, et al., G.R. No. 171056, March 13, 2009
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)
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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.
*** 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:
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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;
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.
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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 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)
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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)
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
2. Petition for Reissuance of new owner’s copy in lieu of lost one. (Sec.
109, PD 1529)
Dinah C. Castilo vs. Antonio M. Escutin, et al., G.R. No. 171056, March 13,
2009
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
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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)
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
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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).
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;
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
(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.
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
5. Information necessary for banks and other financial institutions under the
jurisdiction of the independent, central monetary authority or Bangko
Sentral ng Pilipinas to comply with Republic Act No. 9510, and Republic
Act No. 9160, as amended, otherwise known as the Anti-Money
Laundering Act and other applicable laws.
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
has otherwise placed the personal information of an individual in its container for
trash collection
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.
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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.
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
Repealed
Section 35 – Allowance of Personal Exemption for Individual Taxpayer
Section 62 – Exemption Allowed to Estates and Trusts
Section 89 – Notice of Death Filed
If gross sales/receipts and other non-operating income does not exceed the
VAT threshold of 3M, shall have the option to avail of:
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
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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.
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
DONOR’S TAX
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
(P150,000) P3M shall have their books of accounts audited and examined yearly by
independent Certified Public accountants.
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?
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?
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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
-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?
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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)
-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
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
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.
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707
Republic of the Philippines
PROVINCE OF LA UNION
City of San Fernando
2. Social media post made by the user and marked as “private”: e-discovery
requests should be limited to relevant e-data
3. Post made by others in which the user is merely tagged or referenced: may
be not, or less relevant
4. Metadata: court must decide if they are relevant.
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.
ACTIONS TAKEN:
Prepared by:
Telephone: (072) 242-5550 local 208, 278 Fax No: (072) 607-4707