“So many of our dreams at first seem impossible, then they seem improbable,
and then when we summon the will, they soon become inevitable.”- Christopher Reeve.
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Wednesday, September 4, 2024
Saturday, August 31, 2024
2009 Bar exam Q & A - Remedial Law
QUESTION:Mariano, through his attorney-in-fact, Marcos, filed with the RTC of Baguio City a complaint for annulment of sale against Henry. Marcos and Henry both reside in Asin Road, Baguio City, while Mariano resides in Davao City. Henry filed a motion to dismiss the complaint on the ground of prematurity for failure to comply with the mandatory barangay conciliation. Resolve the motion with reasons. (2009 BAR EXAMS)
SUGGESTED ANSWER:
The motion to dismiss should be denied because the parties in interest, Mariano and Henry, do not reside in the same city/municipality, or is the property subject of the controversy situated therein. The required conciliation/mediation before the proper Barangay as mandated by the Local Government Code governs only when the parties to the dispute reside in the same city or municipality, and if involving real property, as in this case, the property must be situated also in the same city or municipality.
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Thursday, August 29, 2024
CONCEPT OF EMINENT DOMAIN
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Eminent domain is the inherent power of a nation or a sovereign state to take, or sanction the taking of, private property for a public use without the owner's consent, conditioned upon payment of just compensation. In other words, eminent domain is a coercive measure on the part of the state whereby private interests are impaired for the general welfare.
While eminent domain is an inherent power, it is not absolute such that it is subject to limitations imposed under the 1987 Constitution. Section 1, Article III provides that "no person shall be deprived of property without due process of law", while Section 9 thereof states that "private property shall not be taken for public use without just compensation". These constitutionally enshrined restrictions ensure that private individuals are not unduly prejudiced by the capricious or oppressive exercise of the State's powers.
In other words, Eminent domain, also known as expropriation, is a power vested in the State to take private property for public use upon payment of just compensation. In the Philippines, this is a constitutional principle governed by the 1987 Constitution, Republic Act No. 10752 (The Right-of-Way Act), as well as jurisprudence.
Article III, Section 9 of the 1987 Philippine Constitution states that private property shall not be taken for public use without just compensation. Republic Act No. 10752 further elaborates the rules, providing specific requirements that the government must meet to expropriate property.
Thus, in order for the State to exercise its power of eminent domain, the following requirements must be present:
(a) that it is for a public purpose; and
(b) that just compensation is paid to the property owner.
Public use means its usefulness to the public, utility or advantage, or what is productive of general benefit. This will ensure that any appropriation of private property by the state should be for public use. In the historical perspective, public use should be mean of a constant growth and not static. As society advances, individual demands increases and new demand use of the resources be devoted. In determining the genuinely of necessity for the exercise of eminent domain is a judiciable question, and the power exercised by the legislature is essentially a political question.
Just compensation is the full and fair equivalent of the property taken from its owner by the expropriator, the true measure of which is not the taker's gain but the owner's loss. Further, it does not only refer to the payment of the correct amount but also to the payment within a reasonable time from its taking because without prompt payment, the compensation cannot be considered just. In other words, just compensation in the context of eminent domain or expropriation proceedings pertains to the timely or prompt payment of an adequate value sufficient to recoup the loss suffered by the property owner.
In the case of REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), PETITIONER, VS. JOSE GAMIR-CONSUELO DIAZ HEIRS ASSOCIATION, INC., RESPONDENT. G.R. No. 218732, November 12, 2018, it stated:
"Furthermore, the determination of just compensation in expropriation cases is a function addressed to the discretion of the courts owing to the constitutional mandate that no private property shall be taken for public use without payment of just compensation. As such, legislative enactments, as well as executive issuances, fixing or providing for the method of computing just compensation are tantamount to impermissible encroachment on judicial prerogatives. As such, they are not binding on courts and are treated as mere guidelines in ascertaining the amount of just compensation. Even the enumeration of the standards for the assessment of the value of the land for purposes of expropriation under Section 5 of Republic Act No. 8974 reflects the non-exclusive, permissive and discretionary character thereof."
Steps in the Expropriation Process
1. Identification of Property. The government identifies the property required for a public purpose.
2. Offer to Buy. An initial offer to buy the property is made to the owner.
3. Payment of Just Compensation. Full payment of the property’s value must be made before the government takes possession.
The affected landowner upon the implementation of the expropriation, will file in court of their claim for just compensation. However, if the filing will be delayed, the legal payment will be applied from the time of taking.
Also, the entry into the property prior to full payment, Section 10 of R.A. 7160 requires a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated. As a rule, there is a difference if the expropriation involve infrastructure projects, it’s not only deposit rather than the full payment of the value of property.
Owners only have the right to question the sufficiency of the compensation, the public use of the property, or the government’s compliance with legal procedures through appropriate legal action. They can also negotiate for better terms or take the matter to court for fair judgment. owners cannot Refuse if expropriation for public purpose and just compensation is paid.
In certain circumstances, affected property owners may be entitled to additional benefits such as relocation support or compensation for loss of livelihood.
To question the expropriation:
1. Administrative Remedy: Property owners can first seek an administrative remedy by negotiating with the government entity involved.
2. Judicial Remedy: If an agreement is not reached, government agency concern can seek judicial intervention by filing an expropriation case.
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Electronic Filing A.M. No. 10-3-7-SC/A.M. No. 11-9-4-SC. August 20, 2024
A.M. No.
10-3-7-SC/A.M. No. 11-9-4-SC. August 20, 2024
Re: Guidelines
on Submission of Electronic Copies of Pleadings and other Court Submissions
being filed before the Lower Courts pursuant to the Efficient Use of Paper
Rule/Moving Towards Digital Courts: Component One: Transition to Electronic
Filing and Service of Pleading, Motions and Other Documents as Well as Digital
Services of all Orders in Civil Cases
SCAN, SAVE and SEND
within 24 hours after the physical filing of civil pleadings in first and
second level courts:
Step 1: SCAN each
pleading, with annexes, or convert them to Portable Document Format (PDF).
Step 2: SAVE as
separate files following these filename formats:
–
[Pleading]-[Docket No.].pdf
– [Annex
A]-[Pleading]-[Docket No.].pdf
Step 3: SEND via
email:
– Subject: [Docket
No.], [Case Title-Pleading Title]
– Body: (a) Primary
manner of filing; (b) Filing date; (c) Docket number; (d) Case Title; (e)
Filing Party; (f) Contact Numbers; (g) Other e-mail addresses; and (h) Titles
of attachments.
– Send to the
court’s official email address within 24 hours from the primary filing.
– Cc: all counsel
and their law firms.
– Retain copy of
transmittal email.
For more
information, visit the eFiling microsite at https://sc.judiciary.gov.ph/electronic-filing/.
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Wednesday, August 28, 2024
When does presumption of innocence end?
When does presumption of innocence end?
Where the conviction by a lower court is still on appeal, it has not yet reached finality and the accused still enjoys the constitutional presumption of innocence. It must be remembered that the existence of a presumption indicating the guilt of the accused does not in itself destroy the constitutional presumption of innocence unless the inculpating presumption, together with all the evidence, or the lack of any evidence or explanation, proves the accused's guilt beyond a reasonable doubt. Until the accused's guilt is shown in this manner, the presumption of innocence continues. Thus in Mangubat v. Sandiganbayan, the Court held that respondent Sandiganbayan did not act with grave abuse of discretion, correctible by certiorari, when it ruled that despite her conviction, the accused still enjoyed presumption of innocence.
Re: Judge Angeles, A.M. No. 06-9-545-RTC, January 31, 2008.
Case Digest of Agacid vs People of the Philippines, G.R. No. 242133 April 16, 2024.
Whether or not Republic Act No. 9262 covers lesbian relationships.?
Agacid vs People, GR No. 242133, April 16, 2024
Republic Act No. 9262, Section 3(a) defines violence against women and their children:
SECTION 3. Definition of Terms. - As used in this Act,
(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty."
Rules on small claims.
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A Message from the Office of the 2024 Bar Chairperson.
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