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DECISION
PERLAS-BERNABE, J.:
Nike damages,
Nike SB attorney�s fees and litigation
In5nityRN 4 Zoom
GORE-TE… expenses.
Blazer Lo…
₱5,939 ₱3,995
The Facts
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Nike Court
On February
Nike Court
17, 2000, respondent, represented
Borough Borough
by his attorney-in-fact Lourdes Labios Mojica
Low Recr… Low Recr…
(Lourdes) via a special power of attorney dated
₱2,895 ₱1,895
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November 25, 1999 7 (November 25, 1999 SPA),
SHOP NOW
filed Nike
a complaint 8 against Sps. Sarili and the
Nike Court Force
Borough 1 LV8 Baby
Register of Deeds of Caloocan City (RD) before
Low Recr… & Shoes
₱1,895 the RTC, alleging, among others, that he is the
₱2,639
owner of a certain parcel of land situated in
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Caloocan City covered by TCT No. 55979 (subject
Nike Court Nike Air
Borough property)
Force 1 and
'07 has been religiously paying the
Low Recr… Shoes
real estate taxes therefor since its acquisition on
₱1,895 ₱6,895
November 29, 1974. Respondent claimed that he
is a resident of California, USA, and that during
SHOP NOW SHOP NOW
January 15, 2014 - averred that the falsification of the said deed of
2014 - (Formerly
During the pendency of the proceedings,
OCA I.P.I. No. 12-
Victorino passed away 16 and was substituted by
3879-RTJ) - SR.
REMY ANGELA JUNIO, his heirs, herein petitioners. 17
The CA Ruling
G.R. No. 161106,
January 13, 2014 - In a Decision 24 dated May 20, 2010, the CA
WORLDWIDE WEB granted respondent�s appeal and held that the
CORPORATION and RTC erred in its ruling since the November 20,
CHERRYLL L. YU, 1992 deed of sale, which the RTC found "as valid
Petitioners, v. PEOPLE and genuine," was not the source document for
OF THE PHILIPPINES the transfer of the subject property and the
and PHILIPPINE issuance of TCT No. 262218 in the name of Sps.
LONG DISTANCE
Sarili 25 but rather the February 16, 1978 deed of
TELEPHONE
sale, the fact of which may be gleaned from the
COMPANY,
Affidavit of Late Registration 26 executed by
Respondents.; G.R.
Isabel (affidavit of Isabel). Further, it found that
No. 161266 - PLANET
respondent w as "not only able to preponderate
INTERNET
his claim over the subject property, but [has]
CORP.,Petitioner, v.
likewise proved that his and his wife�s
PHILIPPINE LONG
signatures in the [February 16, 1978 deed of
DISTANCE
TELEPHONE sale] x x x were forged." 27 "[A] comparison by
January 15, 2014 - deed of sale] and [the subject SPA] shows that
HERMINIA ACBANG, they are not similar." 28 It also observed that "
Petitioner, v. HON. [t]he testimony of [respondent] denying the
JIMMY H.F. LUCZON, authenticity of his purported signature with
JR., PRESIDING respect to the [February 16, 1978 deed of sale]
JUDGE, REGIONAL
was not rebutted x x x." 29 In fine, the CA
TRIAL COURT,
declared the deeds of sale dated February 16,
BRANCH 01, SECOND
1978 and November 20, 1992, as well as the
JUDICIAL REGION,
subject SPA as void, and consequently ordered
TUGUEGARAO CITY,
the RD to cancel TCT No. 262218 in the name of
CAGAYAN, and
Victorino married to Isabel, and consequently
SPOUSES MAXIMO
reinstate TCT No. 55979 in respondent�s
LOPEZ and HEIDI L.
name. Respondent�s claims for moral damages
LOPEZ, Respondents.
and attorney�s fees/litigation expenses were
BERNADETTE and
It is well-settled that even if the procurement of
RODULFO VILBAR,
a certificate of title was tainted with fraud and
Petitioners, v.
misrepresentation, such defective title may be
ANGELITO L.
the source of a completely legal and valid title in
OPINION,
the hands of an innocent purchaser for value.
Respondent.
Where innocent third persons, relying on the
correctness of the certificate of title thus issued,
G.R. No. 176439,
acquire rights over the property, the court cannot
January 15, 2014 -
disregard such rights and order the total
THE PRESIDENT OF
cancellation of the certificate. The effect of such
THE CHURCH OF
an outright cancellation would be to impair public
JESUS CHRIST OF
confidence in the certificate of title, for everyone
LATTER DAY SAINTS,
dealing with property registered under the
Petitioner, v. BTL
Torrens system would have to inquire in every
CONSTRUCTION
instance whether the title has been regularly or
CORPORATION,
irregularly issued. This is contrary to the evident
Respondent.; G.R.
purpose of the law. 33
No. 176718 - BTL
CONSTRUCTION The general rule is that every person dealing with
CORPORATION,Petitioner, registered land may safely rely on the
v. THE PRESIDENT OF correctness of the certificate of title issued
THE MANILA therefor and the law will in no way oblige him to
MISSION OF THE go beyond the certificate to determine the
CHURCH OF JESUS condition of the property. Where there is nothing
CHRIST OF LATTER in the certificate of title to indicate any cloud or
DAY SAINTS and BPI- vice in the ownership of the property, or any
MS INSURANCE encumbrance thereon, the purchaser is not
CORPORATION, required to explore further than what the Torrens
Respondents. Title upon its face indicates in quest for any
hidden defects or inchoate right that may
G.R. No. 178564, subsequently defeat his right thereto. 34
January 15, 2014 -
INC. However, a higher degree of prudence is required
SHIPMANAGEMENT, from one who buys from a person who is not the
ROGER MORAL NIDA Ramon since the latter only claims to be the
FLORANTE MUNAR, Article 1874 of the Civil Code provides that "
ALEX EQUIZ, ALEX latter shall be in writing; otherwise, the sale shall
LIWAG, OSCAR
After a judicious review of the case, taking into
ABARQUEZ, JOEL
consideration the divergent findings of the RTC
BALAGUER, LIZARDO
and the CA on the matter, 41 the Court holds that
MUNAR, ARMANDO
the due execution and authenticity of the subject
PANCHACOLA,
SPA were not sufficiently established under
MANUEL SAYCO,
Section 20, Rule 132 of the Rules of Court as
EDWIN MATIBAG,
above-cited.
ARNEL VILLAGRACIA,
RODOLFO LERON, While Ramon identified the signature of
ALFONSO ABANILLA, respondent on the subject SPA based on his
SONNY LAVA, AND alleged familiarity with the latter�s
DENNIS BASCO,
signature, 42 he, however, stated no basis for his
Respondents.
identification of the signatures of respondent�s
wife Amelia and the witness, Evangeline F.
G.R. No. 183918,
Murral, 43 and even failed to identify the other
January 15, 2014 -
witness, 44 who were also signatories to the said
FRANCISCO LIM,
document. In other words, no evidence was
Petitioner, v.
presented to authenticate the signatures of the
EQUITABLE PCI
other signatories of the subject SPA outside from
BANK, now known as respondent. 45
the BANCO DE ORO
UNIBANK, INC.,* Besides, as the CA correctly observed,
G.R. No. 191555, ART. 451. In the cases of the two preceding
January 20, 2014 - articles, the landowner is entitled to damages
UNION BANK OF THE from the builder, planter or sower.
PHILIPPINES,
ART. 452. The builder, planter or sower in bad
Petitioner, v.
faith is entitled to reimbursement for the
DEVELOPMENT BANK
necessary expenses of preservation of the land.
OF THE PHILIPPINES,
Respondent. xxx
G.R. No. 193517, ought to put the holder upon inquiry. 61 As for
January 15, 2014 - Sps. Sarili, they knew�or at the very least,
THE HEIRS OF should have known�from the very beginning
VICTORINO SARILI, that they were dealing with a person who
NAMELY: ISABEL A. possibly had no authority to sell the subject
SARILI,* property considering the palpable irregularity in
MELENCIA** S. the subject SPA�s acknowledgment. Yet,
MAXIMO, ALBERTO A. relying solely on said document and without any
SARILI, IMELDA S. further investigation on Ramos�s capacity to
HIDALGO, all herein sell Sps. Sarili still chose to proceed with its
represented by purchase and even built a house thereon. Based
CELSO A. SARILI, on the foregoing it cannot be seriously doubted
Petitioners, v. PEDRO that Sps. Sarili were actually aware of a flaw or
F. LAGROSA, defect in their title or mode of acquisition and
represented in this have consequently built the house on the subject
act by his Attorney- property in bad faith under legal contemplation.
in-Fact LOURDES The case is therefore remanded to the court a
LABIOS MOJICA, quo for the proper application of the above-cited
Respondent. Civil Code provisions.
SO ORDERED.
G.R. No. 195064,
January 15, 2014 - ESTELA M. PERLAS-BERNABE
NARI K. GIDWANI, Associate Justice
Petitioner, v. PEOPLE
WE CONCUR:
OF THE PHILIPPINES,
Respondent. ANTONIO T. CARPIO
Associate Justice
G.R. No. 196047, Chairperson
January 15, 2014 -
LEPANTO MARIANO C. DEL
ARTURO D. BRION
CONSOLIDATED CASTILLO
Associate Justice
MINING Associate Justice
CORPORATION,
JOSE PORTUGAL PEREZ
Petitioner, v. BELIO
Associate Justice
ICAO, Respondent.
ATTESTATION
G.R. No. 196156,
I attest that the conclusions in the above
January 15, 2014 -
Decision had been reached in consultation before
VISAYAS COMMUNITY
the case was assigned to the writer of the opinion
MEDICAL CENTER
of the Court�s Division.
(VCMC), Formerly
known as METRO
ANTONIO T. CARPIO
CEBU COMMUNITY
Associate Justice
HOSPITAL (MCCH),
Chairperson, Second Division
Petitioner, v. ERMA
YBALLE, NELIA CERTIFICATION
ANGEL, ELEUTERIA Pursuant to Section 13, Article VIII of the
CORTEZ and EVELYN Constitution, and the Division Chairperson s
ONG, Respondents. Attestation, I certify that the conclusions in the
above Decision had been reached in consultation
G.R. No. 196171, before the case was assigned to the writer of the
January 15, 2014 - opinion of the Court�s Division.
RCBC CAPITAL
MARIA LOURDES P. A. SERENO
CORPORATION,
Chief Justice
Petitioner, v. BANCO
DE ORO UNIBANK,
INC. (now BDO
UNIBANK, INC.),
Respondent.; G.R.
Endnotes:
No. 199238 - BANCO
DE ORO UNIBANK,
INC., Petitioner, v. * "Sarile in some parts of the records.
COURT OF APPEALS
**
and RCBC CAPITAL Erroneously stated as "Melincia" in
AND/OR RICHARD
4 Id. at 73-76. Penned by Judge
IAN BARKER, NEIL
KAPLAN AND Antonio J. Fineza.
SANTIAGO KAPUNAN,
5
Records, pp. 110-111.
in their official
capacity as Members 6 Id. at 106-107.
of THE ARBITRATION
TRIBUNAL, 7 Id. at 7.
Respondents.
8 Id. at 1-5.
13 Id. at 314-315.
G.R. Nos. 198729-
30, January 15, 2014
14
Rollo, p. 16.
- CBK POWER
COMPANY LIMITED, 15 Id.
Petitioner, v.
COMMISSIONER OF 16
See Certificate of Death; Records,
INTERNAL REVENUE, p. 325.
Respondent.
17 See Order dated May 20, 2002; id.
CLAVERO, Accused-
21
Appellant. Erroneously referred to by the RTC
as "the deed of absolute sale dated
G.R. No. 200304, January 26, 1993" (see id.) and "the
Accused-Appellant,
23 Id.
PEOPLE OF THE
31 Id. at 32-33.
PHILIPPINES,
Plaintiff-Appellee, v. 32
See id. at 7-9.
JOSELITO BERAN y
ZAPANTA @ "Jose", 33 Cabuhat v. CA, 418 Phil. 451, 456
38
G.R. No. 188747, The 2004 Rules on Notarial
ROSARIO, 312-313).
Respondent.
39 Section 163. Presentation of
Community Tax Certificate On Certain
G.R. No. 191189,
Occasions.�
January 29, 2014 -
MANLAR RICE MILL, (a) When an individual
INC., Petitioner, v. subject to the community
LOURDES L. DEYTO, tax acknowledges any
DOING BUSINESS document before a notary
UNDER THE TRADE public, takes the oath of
NAME �J.D. office upon election or
GRAINS CENTER� appointment to any
AND JENNELITA position in the government
DEYTO ANG, A.K.A. service; receives any
�JANET ANG,� license, certificate, or
Respondents. permit from any public
authority; pays any tax or
G.R. No. 188653, fee; receives any money
January 29, 2014 - from any public fund;
LITO LOPEZ, transacts other official
Petitioner, v. PEOPLE business; or receives any
OF THE PHILIPPINES, salary or wage from any
Respondent. person or corporation, it
shall be the duty of any
G.R. No. 178184, person, officer, or
January 29, 2014 - corporation with whom
GRAND ASIAN such transaction is made
SHIPPING LINES, or business done or from
INC., EDUARDO P. whom any salary or wage
FRANCISCO AND is received to require such
WILLIAM HOW, individual to exhibit the
Petitioners, v. community tax certificate.
WILFREDO GALVEZ, (Emphases supplied)
JOEL SALES,
xxx
CRISTITO GRUTA,
DANILO ARGUELLES, 40 Martires v. Chua, G.R. No. 174240,
RENATO BATAYOLA,
March 20, 2013, 694 SCRA 38, 48-49,
PATRICIO
citing Meneses v. Venturozo, G.R. No.
FRESMILLO,* JOVY
172196, October 19, 2011, 659 SCRA
NOBLE, EMILIO
577, 586.
DOMINICO, BENNY
NILMAO, AND JOSE 41
"As a general rule, only questions
AUSTRAL, of law can be raised in a petition for
Respondents. review on certiorari under Rule 45 of
the Rules of Court. Since this Court is
A.M. No. not a trier of facts, findings of fact of
P�13�3171 the appellate court are binding and
(formerly A.M. OCA conclusive upon this Court. There are,
IPI No. however, several recognized
11�11�116�MeTC), exceptions to this rule, namely:
January 28, 2014 -
xxx
RE: HABITUAL
TARDINESS OF (5) When the findings of
CESAR E. SALES, fact are conflicting;
CASH CLERK III,
METROPOLITAN xxx
43
Id. at 213.
A.C. No. 9872,
January 28, 2014 - 44 Id. at 214.
NATIVIDAD P.
NAVARRO AND HILDA 45 Section 22, Rule 132 of the Rules
47 Records, p. 7. Respondent
A.M. No.
identified the signature appearing
P�12�3069,
above his name as his (id. at 119).
January 20, 2014 -
ATTY. VIRGILIO P. 48
Id. at 312.
ALCONERA,
Complainant, v. 49 Rollo, pp. 23-24.
ALFREDO T.
50 Records, pp. 280-281.
PALLANAN,
Respondent. 51 Id.
52 Id. at 281.
G.R. No. 202122,
January 15, 2014 -
53
PEOPLE OF THE Id.
SUGAR MILLING
CORPORATION AND
RENE CABATI,
Petitioners, v.
FERDINAND ACIBO,
ROBERTO AGUILAR, Back to Home | Back to Main
EDDIE BALDOZA,
RENE ABELLAR,
DIOMEDES ALICOS,
MIGUEL ALICOS,
ROGELIO AMAHIT,
LARRY AMASCO,
FELIPE BALANSAG,
ROMEO BALANSAG,
MANUEL BANGOT,
ANDY BANJAO,
DIONISIO BENDIJO,
JR., JOVENTINO
BROCE, ENRICO
LITERAL, RODGER
RAMIREZ,
BIENVENIDO
RODRIGUEZ,
DIOCITO PALAGTIW,
ERNIE SABLAN,
RICHARD PANCHO,
RODRIGO
ESTRABELA, DANNY
KADUSALE AND
ALLYROBYL OLPUS,
Respondents.