Temere Animus

Image by  nikkytok  at Adobe Stock Republic v. Manahan-Jazmines,  G.R. No. 227388, JULY 23, 2018 In land registration cases, proving continuous, exclusive, and notorious possession is crucial for securing a legal land title . The Supreme Court case of Republic of the Philippines vs. Maria Theresa Manahan-Jazmines reinforces how strong evidence must be presented to establish rightful ownership under Presidential Decree No. 1529 (Property Registration Decree) . Background of the Case Maria Theresa Manahan-Jazmines filed an application for land registration for four parcels of land in Brgy. San Rafael, Rodriguez, Rizal , claiming she inherited them from her parents and that she and her predecessors occupied the land for over 40 years for agricultural use. She submitted documents including tax declarations, a survey plan, and a certification from the Community Environment and Natural Resources Office (CENRO) stating that the land was alienable and disposable . The Reg...

Case Title : HOMEOWNERS SAVINGS & LOAN BANK, petitioner, vs. MIGUELA C. DAILO, respondent. Case Nature : PETITION for review on certiorari of a decision of the Court of Appeals. Division: SECOND DIVISION Docket Number: G.R. No. 153802 Ponente: TINGA Dispositive Portion: WHEREFORE, the petition is DENIED. Costs against petitioner. DOCTRINES: In Guiang v. Court of Appeals, it was held that the sale of a conjugal property requires the consent of both the husband and wife. In applying Article 124 of the Family Code, this Court declared that the absence of the consent of one renders the entire sale null and void, including the portion of the conjugal property pertaining to the husband who contracted the sale. The same principle in Guiang squarely applies to the instant case. As shall be discussed next, there is no legal basis to construe Article 493 of the Civil Code as an exception to Article 124 of the Family Code. The regime of conjugal partnership of gains is a special type of part...

Case Title : EVANGELINE D. IMANI,** petitioner, vs. METROPOLITAN BANK & TRUST COMPANY, respondent. Case Nature : PETITION for review on certiorari of the decision and resolution of the Court of Appeals. Division: SECOND DIVISION Docket Number: G.R. No. 187023 Ponente: NACHURA Dispositive Portion: WHEREFORE, the petition is DENIED. The Decision and the Resolution of the Court of Appeals in CA-G.R. SP No. 93061 sustaining the validity of the writ of execution, the auction sale, and the certificate of sale are AFFIRMED. DOCTRINES: Contrary to the CA’s advice, the remedy of terceria or a separate action under Section 16, Rule 39 is no longer available to Sina Imani because he is not deemed a stranger to the case filed against petitioner: [T]he husband of the judgment debtor cannot be deemed a “stranger” to the case prosecuted and adjudged against his wife. Thus, it would have been inappropriate for him to institute a separate case for annulment of writ of execution. All property of t...