Olivia
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ichi29 (มิเชล)
@ryouichi29
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Joined December 2012
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FYI: This is not a stan account. This is my personal account. I just find it toublesome to make another account when I could post anything that I like using this account.😅 so I don't only post Nongs Mew & Gulf, Kaownah, and Run here but also about tidbits of my life as well..🙂
The Unified Legal Aid Service (ULAS) Board has issued ULAS Advisory No. 1, S. 2026, which informs all lawyers of the scheduled launch of the ULAS Portal – Phase 1 on March 3, 2026.
The ULAS Portal refers to the centralized online platform that will be used for purposes of reporting and monitoring compliance with the ULAS Rules and the Manual. Upon the launch of Phase 1, registered organizations may already submit their manifestations of intent to aggregate, and applicants may apply for pre-accreditation or post-accreditation of legal outreach programs and legal missions through the Portal.
All lawyers are advised that access to the ULAS Portal requires an active PJP account.
Read the full text of ULAS Advisory No. 1, S. 2026 at https://t.co/smA6KtZUJd
Naglabas ang #KorteSuprema ng mga gabay sa pagpapatunay ng pagkakakilanlan ng may-ari o gumagamit sa isang 𝘴𝘰𝘤𝘪𝘢𝘭 𝘮𝘦𝘥𝘪𝘢 𝘢𝘤𝘤𝘰𝘶𝘯𝘵 sa mga kasong kriminal.
Sa Desisyon na isinulat ni Associate Justice Ramon Paul L. Hernando, pinagtibay ng Unang Dibisyon ng Korte Suprema ang hatol sa isang indibidwal (XXX) dahil sa nagawa nitong psychological violence sa ilalim ng Section 5 (i) ng 𝘈𝘯𝘵𝘪-𝘝𝘪𝘰𝘭𝘦𝘯𝘤𝘦 𝘈𝘨𝘢𝘪𝘯𝘴𝘵 𝘞𝘰𝘮𝘦𝘯 𝘢𝘯𝘥 𝘛𝘩𝘦𝘪𝘳 𝘊𝘩𝘪𝘭𝘥𝘳𝘦𝘯 (𝘈𝘯𝘵𝘪-𝘝𝘈𝘞𝘊) 𝘈𝘤𝘵 laban sa dating kasintahan (AAA) sa pamamagitan ng mapanlait na 𝘱𝘰𝘴𝘵 sa 𝘍𝘢𝘤𝘦𝘣𝘰𝘰𝘬.
Hinatulan si XXX ng hanggang walong taong pagkakakulong at pinagmumulta ng PHP 100,000. Ipinag-utos din nitong sumailalim si XXX sa 𝘱𝘴𝘺𝘤𝘩𝘰𝘭𝘰𝘨𝘪𝘤𝘢𝘭 𝘤𝘰𝘶𝘯𝘴𝘦𝘭𝘪𝘯𝘨 o 𝘱𝘴𝘺𝘤𝘩𝘪𝘢𝘵𝘳𝘪𝘤 𝘵𝘳𝘦𝘢𝘵𝘮𝘦𝘯𝘵.
Binigyang-diin ng Korte na sa mga kasong kriminal, dapat patunayan ng prosekusyon hindi lamang ang mga elemento ng krimen kundi pati na rin ang pagkakakilanlan ng nagkasala.
Sa mga krimeng ginawa sa pamamagitan ng social media, sabi ng Korte, kailangang isaalang-alang ang mga katangian ng platform gaya ng 𝘍𝘢𝘤𝘦𝘣𝘰𝘰𝘬. Paliwanag ng Korte, madaling makagawa ng 𝘍𝘢𝘤𝘦𝘣𝘰𝘰𝘬 𝘢𝘤𝘤𝘰𝘶𝘯𝘵 sa Pilipinas, kahit ang mga nagpapanggap na labintatlong taong gulang na may 𝘦𝘮𝘢𝘪𝘭 𝘢𝘥𝘥𝘳𝘦𝘴𝘴 at 𝘮𝘰𝘣𝘪𝘭𝘦 𝘯𝘶𝘮𝘣𝘦𝘳. Dahil sa mga pekeng 𝘢𝘤𝘤𝘰𝘶𝘯𝘵, madali ring kumalat ang pekeng impormasyon, pagnanakaw ng pagkakakilanlan, o krimen.
Para matukoy ang pagmamay-ari o pagkakakilanlan ng may hawak ng 𝘴𝘰𝘤𝘪𝘢𝘭 𝘮𝘦𝘥𝘪𝘢 𝘢𝘤𝘤𝘰𝘶𝘯𝘵, kailangan patunayan ang alinman sa mga sumusunod:
1. Pag-amin ng pagmamay-ari o pagiging may-akda;
2. May nakakitang ginagamit ang account o sinusulat ang 𝘱𝘰𝘴𝘵;
3. Paglalaman ng impormasyon na alam lang ng nagkasala o ng iilang tao;
4. Lenggwaheng naaayon sa katangian ng maysala;
5. Mga rekord mula sa 𝘪𝘯𝘵𝘦𝘳𝘯𝘦𝘵 𝘴𝘦𝘳𝘷𝘪𝘤𝘦 𝘱𝘳𝘰𝘷𝘪𝘥𝘦𝘳, 𝘵𝘦𝘭𝘦𝘤𝘰𝘮𝘮𝘶𝘯𝘪𝘤𝘢𝘵𝘪𝘰𝘯𝘴 𝘤𝘰𝘮𝘱𝘢𝘯𝘺, o 𝘴𝘰𝘤𝘪𝘢𝘭 𝘮𝘦𝘥𝘪𝘢 𝘴𝘪𝘵𝘦, at mga resulta sa 𝘥𝘦𝘷𝘪𝘤𝘦 𝘧𝘰𝘳𝘦𝘯𝘴𝘪𝘤 𝘢𝘯𝘢𝘭𝘺𝘴𝘪𝘴 na nagpapakita ng lokasyon at iba pang katangiang nag-uugnay sa 𝘢𝘤𝘤𝘰𝘶𝘯𝘵 sa maysala;
6. Mga kilos na naaayon sa mga dating 𝘱𝘰𝘴𝘵; o
7. Iba pang mga bagay na nagpapakita ng pagmamay-ari, pag-access o pagiging may-akda.
Gamit ng mga gabay na ito, napatunayan ng Korte na may ilang elemento nagpapakita na si XXX ang nagsulat ng 𝘍𝘢𝘤𝘦𝘣𝘰𝘰𝘬 𝘱𝘰𝘴𝘵. Buong pangalan niya ang nasa 𝘢𝘤𝘤𝘰𝘶𝘯𝘵 𝘯𝘢𝘮𝘦 at kasama niya sa 𝘱𝘳𝘰𝘧𝘪𝘭𝘦 𝘱𝘩𝘰𝘵𝘰 ang anak niya sa kanyang kasalukuyang kinakasama.
Nakatanggap din ang kapatid ni AAA ng mga mensahe mula sa kaparehong 𝘢𝘤𝘤𝘰𝘶𝘯𝘵 sa loob ng ilang taon. Magkapareho ang sitwasyon ng mga mensahe na nagtuturo kay XXX bilang siyang gumagamit ng 𝘢𝘤𝘤𝘰𝘶𝘯𝘵.
Basahin ang Press Release sa https://t.co/KpQff4sYRa.
Basahin ang Desisyon sa https://t.co/e3ilKgnbs8.
Sumunod sa Credit Attribution Policy ng SC PIO: https://t.co/F48RF1uVKr.
#SupremeCourtPH
#SCphTranslations
In becoming man, Jesus took upon himself our fragility, identifying with each one of us: with those who have nothing left and have lost everything, with those who are prey to hunger and poverty, with those who are fleeing their homeland to seek a future elsewhere, with those who have lost their jobs and those who are looking for work, with those who are exploited, with those in prison, who often live in inhumane conditions. #Christmas
The #SupremeCourtPH has approved “The 2025 Code of Judicial Conduct and Accountability" and “The 2025 Code of Conduct and Accountability for Court Officials and Personnel."
The new Codes shall take effect on December 21, 2025, following their publication in the Official Gazette or two newspapers of general circulation and posting on the Supreme Court website.
Read the full text of A.M. No. 25-04-04-SC here: https://t.co/ruXdn0JT5D
Read the full text of A.M. No. 25-06-11-SC here: https://t.co/IdsMmBG6rs
He was an ordained High Priest of Satan who dedicated his soul to the devil.
He ended up building one of the most famous Basilicas in the world. And now he is a Saint.
Saint Bartolo Longo was a university student in Naples during a wave of anti-Catholic nationalism. He was drawn into the occult, participated in séances, and was formally "ordained" as a Satanic priest, promising his soul to a demon.
He suffered from demonic visions, depression, and near-insanity. After a desperate confession to a Dominican friar, he asked, "Christ's priesthood is for eternity, so is Satan's priesthood for eternity? Am I damned?"
The friar told him no.
Bartolo dedicated the rest of his life to the Rosary, remembering the promise: "Whoever spreads the Rosary is saved."
He built the Pontifical Shrine of the Blessed Virgin of the Rosary of Pompei from ruins.
Pope Leo XIV, like all his predecessors, bears not only his chosen papal name, but also several titles of honor that reflect his spiritual, pastoral, and juridical roles within the Church and the State of Vatican City.
Each of these titles carries a profound theological and historical significance, helping us understand the identity of the Successor of Peter.
Gregorian chant has been central to monastic life for over a millennium. Monks, especially in Benedictine, Cistercian, and other monastic orders, have historically sung Gregorian chant as part of the Liturgy of the Hours, which structures daily prayer into a cycle of psalms, hymns, and readings.
Here is a video of the Dominican friars singing Salve Regina, offering a beautiful and prayerful rendition of the hymn.
Video: Irish Dominicans
In the #GospelOfToday (Lk 18:9-14), Jesus gives us a powerful message: it is not by flaunting our merits that we are saved, nor by hiding our mistakes, but by presenting ourselves honestly, just as we are, before God, ourselves and others, asking for forgiveness and entrusting ourselves to the Lord’s grace.
“Ask, and it will be given you; seek, and you will find; knock, and the door will be opened for you” (Lk 11:9). “To ask,” in fact, is to recognize, through poverty, that everything is a gift from the Lord and to give thanks for it. “To seek” is to open oneself, through obedience, to discovering each day the path we must take on the journey towards holiness, following God’s plans. “To knock” is to ask for and to offer the gifts we have received to our brothers and sisters with a chaste heart, striving to love everyone with respect and generosity. #JubileeOfConsecratedLife
"A crooked tree lives its own life, but a straight tree is turned into wood."
—Chinese Proverb
Blessed Bartolo Longo: from occult past to promoter of the Rosary — he founded the Pompeii shrine, composed the novena, and believed “every Rosary... every Hail Mary is a rose for Our Lady.”https://t.co/CSJ8pyjndt
When all it takes for the unbearable pain on my.lower abdomen is a shot of liquor...
When 2 tabs of paracetamol did not work but blueberry wine did the job.. 🫠🫠🫠
“There is no past so ruined, no history so compromised; that it cannot be touched by God’s mercy.”
- Pope Leo XIV
When it seems we have hit rock bottom, let us remember that this is the very place from which God is able to begin a new creation. This creation is made of people raised up, with hearts forgiven and tears wiped away. #GeneralAudience
HOW THE PEOPLE STOPPED DDS HIJACKING
Chavit Singon, Phillip Salvador, Ferdinand Topacio, Rowena Guanzon, and other anti-Marcos but pro-Duterte personalities…
All of them went to the People Power Monument on EDSA corner White Plains and Ortigas.
All of them went thinking they could join and be welcomed in the biggest anti-corruption protest by the people in years.
All of them left with their heads bowed and egos humiliated.
Chavit Singson was booed, cursed at, and even shouted by the protesters na “hulihin na yan!”
Phillip Salvador was booed, called epal, and even told by some protesters “magbigay ka muna ng sustento!”
Ferdinand Topacio suffered a worse fate - used to getting so much attention, not many cars were stopping or beeping their horns for him.
He also wasn’t welcomed near the People Power Monument and only allowed near Gate 4 of Camp Aguinaldo where protesters knew the DDS were hoping for a coup.
He didn’t stay long in EDSA and left soon after in the morning to go to the Liwasang Bonifacio where 300-hundred strong DDS protesters welcomed him finally.
Rowena Guanzon suffered the worst fate.
She went to the Luneta rally and was noticed a bit by media and photographers but after that, no attention from her fellow protesters and the public at large.
She retreated back to a hotel lobby and got a consuelo de bobo interview by a social media
blogger.
Then, from Luneta she went to the People Power Monument and she wasn’t booed. But she wasn’t also cheered at.
People were civil to her. But no one paid much attention to her. People were avoiding her.
That is a fate worse than being booed.
What’s common among all of them is that they failed to read the room - most if not all of them went to EDSA thinking a “Marcos resign!” call was popular or that a regime change was in the offing.
They thought given EDSA ONE, DOS, and TRES, that the protest in EDSA would mimic rallying cries calling for the incumbent President to step down and/or worse, be ousted by a coup.
But people now know better.
Organizers were clear days before and during the day of the rally - the protest wasn’t JUST anti-Marcos, it was anti-Duterte and anti-corruption.
Progressives and the middle class were already fooled once during EDSA DOS.
Back then, there was a debate whether or not to call for “Resign ALL!” or just “Erap Resign!”.
Since Gloria Arroyo still generally smelled good then, the Erap Resign prevailed.
But many well meaning and smart people already knew GMA was not going to be good.
And they were proven right. And the people who joined EDSA DOS experienced People Power fatigue or regime change fatigue.
They. We. I. Have learned our lesson.
Especially now when the Vice President is obviously an unacceptable replacement even if BBM resigns.
And this is what DDS stooges failed to read and learn from.
They thought they would be welcomed and cheered. They thought they could exploit the people’s anger again.
But people now know better.
Especially when these stooges all have clear political interests and are mere hypocrites in calling for a specific regime change.
Despite the minority of bashers, Vice Ganda is correct about BBM.
We want him to pursue accountability of all corrupt politicians not because we trust him or he is our idol.
But because we pay his salary as President from taxpayers money.
We will not be used by the Marcoses, the Dutertes, Chavit Singson, or anyone else.
We want genuine accountability and then genuine change - spend our taxes correctly so we don’t get flooded and the economy gets better.
Don’t try us, mga ka-DDS.
#TrillionPesoMarch
#Accountability
The #SupremeCourtPH (SC) has reiterated the rules in determining the appropriate legal actions for recovery of possession and/or ownership of land and the corresponding prescriptive periods in filing them. These remedies are: 𝙖𝙘𝙘𝙞𝙤𝙣 𝙞𝙣𝙩𝙚𝙧𝙙𝙞𝙘𝙩𝙖𝙡 or ejectment, 𝙖𝙘𝙘𝙞𝙤𝙣 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖, and 𝙖𝙘𝙘𝙞𝙤𝙣 𝙧𝙚𝙞𝙫𝙞𝙣𝙙𝙞𝙘𝙖𝙩𝙤𝙧𝙞𝙖.
In a Decision written by Associate Justice Ricardo R. Rosario, the SC 𝙀𝙣 𝘽𝙖𝙣𝙘 held that Lea Victa-Espinosa (Espinosa) correctly filed an 𝙖𝙘𝙘𝙞𝙤𝙣 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖 to recover possession of her land within a year from dispossession. It explained that 𝙖𝙘𝙘𝙞𝙤𝙣 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖 may be filed not only when the dispossession lasted for a year but also when it lasted for a year or less when there is no allegation that the deprivation is by force, intimidation, threat, strategy, or stealth.
The SC also ruled that Espinosa’s action is not 𝙖𝙘𝙘𝙞𝙤𝙣 𝙧𝙚𝙞𝙫𝙞𝙣𝙙𝙞𝙘𝙖𝙩𝙤𝙧𝙞𝙖 as she did not seek in her complaint the recovery of ownership of the land.
After purchasing the property, Espinosa found that Spouses Noel and Leny Agullo were occupying a part of it. When they refused to leave despite her demand, Espinosa filed a complaint for recovery of possession in the Regional Trial Court (RTC).
The RTC dismissed the complaint for being filed too early. It explained that Espinosa may still file forcible entry, an ejectment suit, within one year from the time she learned of the deprivation of physical possession of the land. Since an 𝙖𝙘𝙘𝙞𝙤𝙣 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖 can only be filed after that one-year period, RTC ruled that her complaint was premature.
The Court of Appeals reversed the RTC’s decision, finding that Espinosa’s complaint was not an 𝙖𝙘𝙘𝙞𝙤𝙣 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖 but an 𝙖𝙘𝙘𝙞𝙤𝙣 𝙧𝙚𝙞𝙫𝙞𝙣𝙙𝙞𝙘𝙖𝙩𝙤𝙧𝙞𝙖, as she sought to recover possession based on her ownership of the property.
In their Petition before the SC, Spouses Agullo sought to reinstate the ruling of the RTC dismissing the case and insisted that Espinosa’s case was an 𝙖𝙘𝙘𝙞𝙤𝙣 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖 that was filed prematurely, as less than a year had passed since the alleged dispossession.
The Court denied the Petition but clarified that the action is not accion reivindicatoria but accion publiciana. It reiterated the actions available for recovery of possession and/or ownership of land:
• 𝘼𝙘𝙘𝙞𝙤𝙣 𝙞𝙣𝙩𝙚𝙧𝙙𝙞𝙘𝙩𝙖𝙡 or a summary ejectment case;
• 𝘼𝙘𝙘𝙞𝙤𝙣 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖; and
• 𝘼𝙘𝙘𝙞𝙤𝙣 𝙧𝙚𝙞𝙫𝙞𝙣𝙙𝙞𝙘𝙖𝙩𝙤𝙧𝙞𝙖.
𝘼𝙘𝙘𝙞𝙤𝙣 𝙞𝙣𝙩𝙚𝙧𝙙𝙞𝙘𝙩𝙖𝙡 or summary ejectment proceeding is filed to recover physical possession of land when the dispossession was due to force, intimidation, threat, strategy, or stealth and has not lasted for more than a year.
𝘼𝙘𝙘𝙞𝙤𝙣 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖 is filed when the dispossession lasted for more than a year, or even for a year or less, if it is not due to force, intimidation, or similar means.
𝘼𝙘𝙘𝙞𝙤𝙣 𝙧𝙚𝙞𝙫𝙞𝙣𝙙𝙞𝙘𝙖𝙩𝙤𝙧𝙞𝙖 is filed to recover both ownership and possession based on that ownership.
The Court explained that in 𝙖𝙘𝙘𝙞𝙤𝙣 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖, the issue is who has the better right to possess the land, without necessarily claiming ownership. In contrast, 𝙖𝙘𝙘𝙞𝙤𝙣 𝙧𝙚𝙞𝙫𝙞𝙣𝙙𝙞𝙘𝙖𝙩𝙤𝙧𝙞𝙖 involves determining who owns the land, with possession granted to the rightful owner.
As what is sought in the complaint is recovery of possession and not ownership, and there is no allegation that Spouses Agullo disputed Espinosa’s title, the action is 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖 and not 𝙧𝙚𝙞𝙫𝙞𝙣𝙙𝙞𝙘𝙖𝙩𝙤𝙧𝙞𝙖.
The Court also held that contrary to the findings of the RTC, the action was not premature, because 𝙖𝙘𝙘𝙞𝙤𝙣 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖 may be filed even within one year from dispossession if no force, intimidation, threat, strategy, or stealth was used. Since Espinosa did not claim that Spouses Agullo used any of these means, the action was correctly filed not as ejectment suit but 𝙖𝙘𝙘𝙞𝙤𝙣 𝙥𝙪𝙗𝙡𝙞𝙘𝙞𝙖𝙣𝙖.
The SC thus ordered the RTC to proceed to trial and decide the case.
Read the full text of the press release at https://t.co/IrJl8Cj59r
Read the full text of the Decision at https://t.co/KL33WnFhjk
Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://t.co/F48RF1vtzZ.
Humility is really freedom from ourselves. Those who exalt themselves think that nothing is more interesting than themselves. Yet, those who know they are precious in God’s eyes have greater things of which to boast, and a dignity that shines on its own. #GospelOfTheDay (Lk 14:1,7-14)
The #SupremeCourtPH (SC) has ruled that a Special Power of Attorney (SPA) automatically ceases upon the death of the person who granted it, and any acts carried out by the agent afterwards are void, unless covered by narrow exceptions under the law.
In a Decision written by Associate Justice Henri Jean Paul B. Inting, the SC’s Third Division held that Jessica Alova Uberas lost her authority under the SPA to act on behalf of her father, Meliton Alova, upon his death in 1998.
In 1998, Meliton executed an SPA in favor of Jessica over the subject conjugal property. He died later that year. Despite the death of his father, Jessica still used the same SPA in 2003 to execute a mortgage over the said property in favor of San Miguel Foods, Inc. (SMFI) to secure her loan from the company. Jessica failed to pay the loan and the property was foreclosed where SMFI emerged as the winning bidder.
Felicidad Alova and Decelyn Alova Pution, the widow and other daughter of Meliton, filed a case to nullify the mortgage and the foreclosure sale.
Both the Regional Trial Court (RTC) and the Court of Appeals (CA) determined that Meliton’s death ended the agency. However, the RTC found that because the SPA had the conformity of Felicidad, Meliton’s wife, the mortgage was valid on her ½ share of the conjugal property. On the other hand, the CA declared the mortgage invalid, citing that it was not executed on behalf of Spouses Meliton and Felicidad.
SMFI appealed to the SC, which partly ruled in its favor. The Court upheld the agency’s termination but validated the mortgage and foreclosure sale with respect to Jessica’s undivided share in the property.
The SC explained that under an SPA, which is a contract of agency, a principal authorizes an agent to act on his or her behalf in transactions with third persons. Agency is personal, representative, and derivative, and it ends upon the death of either the principal or the agent.
Any act by the agent after the principal’s death is void, unless it falls under two Civil Code exceptions: (1) when the agency was for the parties’ common interest, and (2) when the agent, unaware of the death or agency’s end, contracted with a third party in good faith.
In this case, there was no showing that these exceptions were applicable. Jessica was fully aware of her father’s death, and the SPA was not made for their mutual benefit.
The SC also reiterated that for an agent’s act to bind the principal, the deed must clearly be made, signed, and sealed in the principal’s name.
Here, although Jessica was described in the beginning of the deed as Meliton’s attorney-in-fact, the mortgage was signed by Jessica in her personal capacity, as it was neither executed nor sealed in Meliton’s name, and without indication that she was acting as attorney-in-fact.
The Court also ruled that Meliton’s wife, Felicidad, was not bound as a principal under the SPA, as she only provided her marital conformity.
However, the Court clarified that the mortgage and foreclosure sale were not entirely void. Jessica automatically became a co-owner of the property after her father’s death. When she signed the mortgage, she encumbered her share in the property to secure her obligation to SMFI. Therefore, the mortgage and foreclosure sale were valid only for Jessica’s share.
The Court remanded the case to the RTC to determine Jessica’s share in the subject property and to annotate the shares of Meliton’s other heirs, and that of SMFI which acquired Jessica’s interest.
Read the full text of the press release at https://t.co/w5lJ24r1Z2
Read the full text of the Decision at https://t.co/nNlk99RGSy
Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://t.co/F48RF1vtzZ.
From paper to digital, technology is transforming the way notarization works. #eNotarizationPH will soon offer convenience without compromising legality. Find out the scope, limitations, and requirements for its use.
Details to follow.
For questions, contact us at [email protected].
Read the full text of A.M. No. 24-10-14-SC, or the eNotarization Rules, at: https://t.co/6QRDllus9V
#SupremeCourtPH
The #SupremeCourtPH invalidated a sale of two parcels of land because the buyer knew that the seller was not the real owner.
In a Decision written by Associate Justice Maria Filomena D. Singh, the SC’s Third Division cancelled the sale made by Bayani S. Cerilla (Cerilla) to Edward C. Ciacho (Ciacho). The SC found that Ciacho knew the sold properties did not belong to Cerilla.
The properties were inherited by Adolfo De Guia which were about to be foreclosed due to unpaid debt. De Guia asked Cerilla to pay off the mortgage. They signed a deed of sale, and land titles were transferred to Cerilla’s name.
After a few months, another agreement was signed to re-sell the properties to De Guia. The latter filed adverse claim on the titles.
Cerilla and De Guia entered into a subsequent agreement where Cerilla would buy the properties for PHP 15 Million but only after De Guia ejects the illegal settlers from the properties.
As De Guia failed to remove the illegal settlers, Cerilla had to undertake the same but was not successful in doing so. As a result, Cerilla incurred expenses for ejectment which caused him to obtain a loan from a bank and from Ciacho.
Ciacho agreed to lend Cerilla with the properties as collateral. Because Cerilla could not pay the loan, Ciacho asked him to sign a deed of sale on the properties but with a request from Cerilla not to register the same.
De Guia learned that Ciacho registered the properties under his name. Thus, he filed a case with the RTC to invalidate the sale. After finding in favor of De Guia, the case was appealed to the Court of Appeals.
Both RTC and CA found that Cerilla had no authority to sell the properties as he was just a mere “accommodation party” to avoid foreclosure of the properties but was not the real owner.
The Court agreed with the RTC and CA finding that there was no real intention to transfer ownership from De Guia to Cerilla. Even after the land titles were transferred under his name, Cerilla did not act as if he owned the lands.
Under the Civil Code, for a sale to be valid, the parties must agree to the sale. The parties’ actions during and after the agreement can serve as basis to determine their intent. The seller must also be the owner of the property or has authority to sell.
Here, the re-sale of the properties from Cerilla to De Guia within a short period of time coupled with the fact that Cerilla asked Ciacho not to register the properties under his name, indicate that there was no intention on the part of De Guia to transfer ownership of the properties.
The Court added that Ciacho cannot claim to be an innocent buyer because he was aware of facts that should have raised doubts about Cerilla’s ownership. He knew of the earlier sale between De Guia and Cerilla and the former’s claim as annotated on the titles.
Read the full text of the press release at https://t.co/5sq6fbdvz0
Read the full text of the Decision https://t.co/xIws7ZDO51
Read the Separate Concurring Opinion of Associate Justice Alfredo Benjamin S. Caguioa at https://t.co/PV87vEGFNq
Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://t.co/F48RF1vtzZ.
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