Wednesday, January 23, 2013

re-issuance of 2nd owners copy of title

It is judicially settled that a trial court does not acquire jurisdiction over a petition for the issuance of a new owner’s duplicate certificate of title if the original is in fact not lost but in the possession of the alleged buyer.  Such reconstituted certificate is itself void once the existence of the original is unquestionably demonstrated. Nonetheless the nullity of the reconstituted certificate does not by itself settle the issue of ownership over the property; much less does it vest such title upon the holder of the original certificate. The issue of ownership must be litigated in appropriate proceedings. It cannot be determined in an action for the issuance of a new owner’s duplicate certificate of title or in proceedings to annul such newly issued certificate.

Monday, January 7, 2013

Judicial Affidavit Rule


SC to Take Up Prosecutors' Request for Deferment of the Judicial Affidavit Rule in Criminal Cases


The Rule, which is meant to address the twin problems of case congestion and delay in the resolution of cases, requires the compulsory use of judicial affidavits of witnesses in lieu of their direct testimonies in all first-level (except as to small claims cases) to third-level courts; investigating officers and bodies authorized by the SC to receive evidence; and special courts and quasi-judicial bodies whose rules of procedure are subject to the SC’sdisapproval. It further requires the parties’ documentary or object evidence to be attached to the judicial affidavits.

Wednesday, January 2, 2013

Initial valuation of land by LBP not binding upon the court.

The determination of just compensation for agricultural lands brought under agrarian reform is the exclusive domain of the courts and that the executive and legislative acts of fixing just compensation are not conclusive or binding upon the court, but should only be regarded as an initial valuation. In case the landowner rejects the offer or fails to reply, the DAR Adjudicator conducts summary administrative proceedings to determine the compensation for the land by requiring the landowner, the landbank and other interested parties to submit evidence as to the just compensation for the land. Any valuation of Land Bank in accordance with any formula should only be regarded as an initial valuation, never conclusive nor controlling. Otherwise, Land Bank or the DAR might impermissibly usurp the essentially judicial function of determination of just compensation (LBP v. Sps. Costo, G.R. No. 174647. December 5, 2012).

Tuesday, January 1, 2013

Political Scenario in Cebu

The swiftness of the administration to employ its punitive powers to damage the electoral chances of candidates it does not favor is underlined by the fact that the case against Garcia is administrative, not criminal, and does not involve graft and corruption. The siege of Cebu has created political repercussions beyond the province. It has widened the rift between two power blocs, one identified with Vice President Jejomar Binay and the other with Interior Secretary Mar Roxas. The Aquino administration is in no mood to go easy on those it perceives as its enemies, even in the spirit of Christmas and New Year. President Aquino needs to show that he is more concerned about introducing economic and social reforms than prosecuting or persecuting his political enemies or proclaiming his incorruptibility.