Legal Brief: Kasulatan NG Bilihang Patuluyan Executed Between MR
Legal Brief: Kasulatan NG Bilihang Patuluyan Executed Between MR
Legal Brief: Kasulatan NG Bilihang Patuluyan Executed Between MR
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Hence, a legal advice was sought by his son, MR. RONALDO.
III. Are they given the right to relocation? If so, should this
be granted prior to the commencement of the
demolition?
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DISCUSSION / OPINION PROPER
I.
Yes, MR. REYNALDO may exercise his rights over the property
despite the deed of sale being unnotarized. However, the
exercise of ownership is only to the extent that the Deed
specifically provided not encroaching a portion of the river
banks and the street.
Therefore, the time the property has been placed in the control
and possession of the MR. REYNALDO, in absence of contrary
agreement by the parties, ownership can already be said to have
passed.
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Article 1496, New Civil Code.
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make any plantations and excavations which he may deem
proper, without detriment to servitudes and subject to special
laws and ordinances.2
The 1st paragraph of Article 638 of the New Civil Code, modified
by Article 1057 of the Water Code of the Philippines, provides
one of these restrictions, applicable to the present case, to wit:
2
Article 437, New Civil Code.
3
Article 613 and 614, New Civil Code.
4
Solid Manila Corp. vs. Bio Hong Trading, Co., G.R. No. 90596, 8 April 1991.
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As to the portion of the structure encroaching a part of the
street, MR. REYNALDO has likewise no ownership. These make
up properties of public dominion.
Article 420 of the Civil Code enumerates those that are deemed
of public dominion, such as:
Article 1356 of the New Civil Code clearly states that contracts
are obligatory, in whatever form they may have been entered
into, provided all the essential requisites for their validity are
present. Moreover, Article 1318 of the same Code which
enumerates the requisites of a contract does not mention
notarization. It only requires (1) consent of the contracting
parties; (2) object certain which is the subject matter of the
contract; and (3) cause of the obligation which is established.
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Article 424, New Civil Code.
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Dacanay vs. Asistio, G.R. No. 93654, 6 May 1992.
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Villanueva vs. Castaneda and Macalino, G.R. No. L-61311, 21 September 1987.
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Insular Government vs. Aldecoa, G.R. No. L-6098, 12 August 1911.
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Take note, however, under Article 1358, it is required acts and
contracts that create, transmit, modify or extinguish real rights
over immovable property should appear in public document,
which is achieved through notarization. It creates an impression
that contracts involving land must be notarized. But the
provision does not go into the validity of a contract. It is rather
ordered for the convenience of the contracting parties.
II
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Tigno vs. Aquino, G.R. No. 129416, 25 November 2004.
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Eviction or demolition as a practice shall be discouraged.
Eviction or demolition, however, may be allowed under the
following situations10:
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Section 28, UDHA.
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Economic and Development Authority and who do
not own housing facilities. This shall include those
who live in makeshift dwelling units and do not enjoy
security of tenure.”
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Meanwhile IRR Governing Summary Eviction11 particularly
outlined the procedure involving evictions and demolitions
affecting Professional Squatters and Squatting Syndicates:
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Section 3, IRR of UDHA
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Materials and belongings unclaimed within
15 days shall be utilized for the improvement
of the concerned barangay.
III
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citizens, it is mandatory that there is adequate relocation to be
undertaken by the local government unit concerned and the
National Housing Authority with the assistance of other
government agencies within forty-five (45) days from service of
notice of final judgment.
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