FEB4

Sec. 13(b), Commonwealth Act No. 146 or The Public Service Law (of 1936), as last amended by Republic Act No. 2677
National Power Corp. v. CA, 345 Phil. 9 [1997]

PUBLIC UTILITIES

Constitutional provisions on public utilities

Sec. 11, Art. XII, 1987 Constitution
Albano v. Reyes, G.R. No. 83551. July 11, 1989
Sec. 17, Art. XII, 1987 Constitution
Agan, Jr. v. Philippine International Air Terminals Co., Inc., G.R. No. 155001. May 5, 2003

What constitutes a public utility?

Secs. 18 and 19, Art. XII, 1987 Constitution
The Iloilo Ice and Cold Storage Company v. Public Utility Board, G.R. No. L-19857. March 2, 1923; 44 Phil. 551

Distinction between “operation” and “ownership” of a public utility

Tatad v. Garcia, Jr., G.R. No. 114222. April 6, 1995

Power to grant licenses or franchise to operate public utilities

Pangasinan Transportation Co., Inc. v. The Public Service Commission, G.R. No. 47065. June 26, 1940; 70 Phil 221

Certificate of Public Convenience and Necessity distinguished from Certificate of Public Convenience

Philippine Airlines, Inc. v. Civil Aeronautics Board, G.R. No. 119528. March 26, 1997

COMMON CARRIERS AND CONTRACT OF CARRIAGE

Contract of transportation or Contract of carriage defined

Contract of carriage imbued with public interest

Art. 1755, Civil Code).
Air France v. Carrascoso, G.R. No. No. L-21438. Sept. 28, 1966; 18 SCRA 155
Singson v. CA, G.R. No. 119995. Nov. 18, 1997

Parties to contracts of carriage of goods and of passengers

Carrier defined

Classifications of carriers

Private or special carrier

Spouses Pereña v. Spouses Zarate, G.R. No. 157917. Aug. 29, 2012
National Steel Corp. v. CA, G.R. No. 112287. Dec. 12, 1997; 347 Phil. 345

Common or public carriers

Art. 1732, Civil Code

Elements of a common carrier

Test for determining a common carrier

No legal distinction as to means of transporting; pipeline operator is a common carrier

First Philippine Industrial Corp. v. CA, G.R. No. 125948. Dec. 29, 1998

Common carrier may have no regular schedule or clients, fixed routes, terminals or tickets

Asia Lighterage and Shipping, Inc., v. CA, G.R. No. 147246. Aug. 19, 2003

Common carriers bound to serve all and liable for refusal to so serve without sufficient reason

No distinction made by law between common carriage as a principal or ancillary activity

De Guzman v. CA, G.R. No. L-47822. Dec. 22, 1988

Distinctions between a common carrier and a private carrier

Laws governing domestic, inter-island and coastwise transportation

Laws applicable to international, foreign or overseas transportation

Liability of a common carrier; extraordinary diligence

Art. 1733, Civil Code
Arts. 1734, 1735 and 1745, numbers 5, 6 and 7, Civil Code

Observance of extraordinary diligence in the carriage of goods

Gatchalian v. Delim, G.R. No. 56487. Oct. 21, 1991; 203 SCRA 126

When liability of common carrier starts in transport of passengers

Aboitiz Shipping Corp. v. CA, G.R. No. 84458. Nov. 6, 1989

When liability of common carrier commences in transport of goods

Requisites of extraordinary diligence in carriages by land and by sea

Trans‐Asia Shipping v. CA, G.R. No. 118126. March 4, 1996
Negros Navigation v. CA, G.R. No. 110398. Nov. 7, 1997

Liabilities of a common carrier for breach of contract

Defenses in culpa contractual

Art. 1762, Civil Code

Burden of proof in cases of contributory negligence

Damages recoverable for death of a passenger

Briñas v. People, G.R. No. L‐30309. Nov. 25, 1983

Causes exempting the common carrier from responsibility

Art. 1734, Civil Code

Distinctions between an action to enforce liability of the employer of the negligent driver under Article 103 of the Revised Penal Code and an action based on quasi‐delict under the Civil Code

Liability of common carrier for moral damages

China Airlines, Ltd. v. IAC, G.R. No. 73835. Jan. 17, 1989

Common carriers generally presumed to have been at fault or to have acted negligently

Bascos v. CA, G.R. No. 101089. April 7, 1993

Arts. 1734 and 1735, Civil Code

WEEK 2

When presumption of negligence arises; how presumption overcame; when presumption made absolute

Presumption of fault or negligence of common carrier rebuttable

Pilapil v. CA, G.R. No. 52159. Dec. 22, 1989; 180 SCRA 546

Exceptions to the application of presumption of fault or negligence

Philippine American General Insurance Co, Inc. v. MGG Marine Services, Inc. G.R. No. 135645. March 8, 2002

Arts. 1740, 1742 and 1743, Civil Code

Ganzon v. CA, G.R. No. L‐48757. May 30, 1988
Southern Lines v. CA, G.R. No. L‐16629. Jan. 31, 1962, 4 SCRA 258
Tabacalera Insurance Co. v. North Front Shipping Services, Inc., G.R. No. 119197. May 16, 1997; 272 SCRA 527

Accidents due to mechanical defects of carrier not fortuitous events

Sweet Lines, Inc. v. CA, G.R. No. L‐46340. April 29, 1983
Juntilla v. Fontanar, G.R. No. L‐45637, May 31, 1985
Vergara v. CA, G.R. No. 77679, Sept. 30, 1987

Fire not considered as a natural disaster or calamity

Africa v. Caltex [Phil.], Inc., G.R. No. L-12986. March 31, 1966; 16 SCRA 448

Art. 1734, Civil Code
Sec. 4, COGSA
Servando v. Philippine Steam Navigation Co., G.R. No. L‐36481‐2, Oct. 23, 1982

Typhoon or storm deemed a fortuitous event; exception

Juan F. Nakpil & Sons v. CA, G.R. No. L-47851. Oct. 3, 1986; 144 SCRA 596
Batangas Laguna Tayabas Bus Company v. IAC, G.R. No. 74387-90. Nov. 14, 1988; 167 SCRA 379
Valenzuela v. CA, G.R. No. 115024. Feb. 7, 1996; 253 SCRA 303
Arada v. CA, G.R. No. 98243. July 1, 1992

Stipulations in a contract of carriage deemed as unreasonable, unjust and contrary to public policy

Art. 1745, Civil Code

Acts of strangers that would divest a common carrier of his/its duty of extraordinary diligence in the vigilance over the goods carried

Art. 1745, par. (6), Civil Code

Liability of carrier for acts of robbers

Act of God must be the sole and proximate cause of the loss to exempt the carrier from liability

Common carrier not liable where the proximate cause of passenger’s injury is his own negligence

Art. 1761, Civil Code

Liability over perishable goods

Duty of carrier to keep the vessel seaworthy

Rules regarding a carrier’s liability for delay in delivery of goods

Saludo, Jr. v. CA, G.R. No. 95536. March 23, 1992

Liability for delay in the transportation of goods

Arts. 1170, 1740, 1747 and 1748, Civil Code);

Certificate of Public Convenience not a requisite for incurring of liability as a common carrier

Grounds for refusal by common carrier to carry certain goods must be reasonable

F.C. Fisher v. Yangco Steamship Company, G.R. No. L-8095. March 31, 1915

Presumption of negligence of common carriers; how overcome

Arts. 1735 and 1752, Civil Code
Compania Maritima v. CA, G.R. No. L-31379, 29 Aug. 1988, 164 SCRA 685

Reasons for the requirement of extraordinary diligence

Principles on the liability of a common carrier

Isaac v. A. L. Ammen Transportation Co., Inc., G.R. No. L-9671. Aug. 23, 1957

Periods when the liability of a common carrier begins and ceases

Arts. 1736 and 1738, Civil Code
Art. 619 of the Code of Commerce
Philippines First Insurance Co., Inc. v. Wallem Phils. Shipping, Inc. G.R. No. 165647. March 26, 2009

To whom goods must be delivered

Art. 1736, Civil Code

Parties may agree to relieve carrier from liability while goods are in custom’s custody

Lu Do & Lu Ym Corp. v. Binamira, G.R. No. L-9840. April 22, 1957

Rule as to unloading, storage and stoppage in transitu

Implied warranty of seaworthiness of ships as common carriers

Caltex [Philippines], Inc. v. Sulpicio Lines, Inc., G.R. No. 131166. Sept. 30, 1999; 374 Phil. 325

Passenger defined

Persons not deemed as passengers

Lara v. Valencia, G.R. No. L-9907. June 30, 1958

Defenses of a common carrier in the carriage of goods

Art. 1734, Civil Code
Sabena Belgian World Airlines v. CA, G.R. No. 104685. March 14, 1996

Caso fortuito defined; characteristics; exempting circumstances

Lasam v. Smith, 45 Phil. 661
Republic of the Philippines v. Luzon Stevedoring Corp., G.R. No. L-21749. Sept. 29, 1967; 128 Phil. 313, citing Art. 1179, Civil Code
Metal Forming Corp.. v. Office of the President, G.R. No. 111386. Aug. 28, 1995; 317 Phil. 853

Art. 1740, Civil Code
Art. 1734, Civil Code
Sec. 4, COGSA
Eastern Shipping Lines, Inc. v. IAC, G.R. No. L-69044 and L-71478, May 29, 1987, 150 SCRA 463
La Mallorca and Pampanga Bus Co. v. De Jesus, G.R. No. L-21486. May 14, 1966; 123 Phil. 875

WEEK 3

Defense of negligence of the shipper or owner

Art. 1741, Civil Code

Proximate cause defined

Ramos v. C.O.L. Realty Corp., G.R. No. 184905. Aug. 28, 2009, 597 SCRA 526

Character of the goods or defects in the packing or in the containers

Art. 1742, Civil Code
Southern Lines, Inc. v. CA, G.R. No. L-16629. Jan. 31, 1962; 4 SCRA 258

Order or act of competent public authority

Art. 1743, Civil Code
Ganzon v. CA, G.R. No. L-48757. May 30, 1988; 161 SCRA 646

Liability of a common carrier for the death of or injuries to passengers due to the acts of its employees, other passengers or strangers

Art. 1762, Civil Code
Art. 1764, Civil Code

Basis of carrier’s liability

Maranan v. Perez, G.R. No. L-22272. June 26, 1967

Doctrine of respondeat superior

Art. 1759, Civil Code
Manila Railroad Company v. Ballesteros, G.R. No. L-19161. April 29, 1966; 16 SCRA 641

Art. 1763, Civil Code
Sec. 48 (b), Motor Vehicle Law or Republic Act No. 4136

Degree of diligence required of common carriers for willful acts of strangers

Art. 1763, Civil Code

Causes of liability of common carriers

Duration of the liability of the common carrier in a contract of carriage of goods

Arts. 1736, 1737 and 1738, Civil Code

Periods within which the common carrier in a contract of carriage of passengers may be held liable

Light Rail Transit Authority v. Navidad, G.R. No. 145804. Feb. 6, 2003
Del Prado v. Manila Electric Co., G.R. No. L-29462. March 7, 1929; 52 Phil. 900

Duty of common carriers to afford passengers the opportunity to board safely

Dangwa Transportation Co., Inc. v. CA, G.R. No. 95582. Oct. 7, 1991; 202 SCRA 574

Person attempting to board a common carrier already considered a passenger

Passenger must be allowed a reasonable time to leave the carrier’s premises

La Mallorca v. CA, G.R. No. L‐20761. July 27, 1966

Presumption of negligence

Art. 1735, Civil Code

Rationale for the presumption

Mirasol v. The Robert Dollar Co., G.R. No. L-29721. March 27, 1929).
Coastwise Lighterage Corp. v. CA, G.R. No. 114167. July 12, 1995
Art. 1755, Civil Code

Burden of proof falls on carrier to prove extraordinary diligence

Defenses to overcome presumption of fault or negligence

Arts. 1734, 1735 and 1736, Civil Code

Valid stipulations in contracts of carriage of goods

Art. 1744, Civil Code
Arts. 1748, 1749 and 1750, Civil Code
Art. 1744, Art. 1745, No. 4, Civil Code
Art. 1758, Civil Code

Void stipulations in contracts of carriage of goods

Art. 1745, Civil Code
Arts. 1733, 1755 and 1757, Civil Code

Rules on checked-in baggage

Arts. 1998, 2000, 2001, 2002 and 2003, Civil Code

Rule in case of non‐paying passengers or if the fare is reduced

Art. 758, Civil Code

Concurring causes of action

Art. 1759, Civil Code.
Cangco v. Manila Railroad Co., 38 Phil. 768

Art. 2180, Civil Code
Arts. 826-939, Code of Commerce
Martinez v. Barredo, G.R. No. L-49308. May 13, 1948; 81 Phil. 1
Arts. 102 and 103, Revised Penal Code
Viluan v. CA, G.R. No. L-21477-81. April 29, 1966
Gutierrez v. Gutierrez, G.R. No. 8896. Dec. 29, 1913; 56 Phil. 177

Stipulations limiting the liability of the carrier in a bill of lading

H. E. Heacock Company v. Macondray & Company, Inc., G.R. No. L-16598. Oct. 3, 1921; 42 Phil. 205
Juan Ysmael & Co., Inc. v. Gabino Barretto & Co., Ltd., G.R. No. L-28028. Nov. 25, 1927; 51 Phil. 90

When a stipulation limiting common carrier’s liability may be annulled by the shipper or owner

Arts. 1746 and 1747, Civil Code

When the limitation of the amount of liability is valid

Art. 1750, Civil Code

CHAPTER II

THE PUBLIC SERVICE LAW

PUBLIC SERVICE COMMISSION AND ITS FUNCTIONS

Commonwealth Act No. 146 enacted on November 7, 1936
Secs. 1 and 2, C.A. No. 146

Jurisdiction and powers of the Public Service Commission

Sec. 13[a], C.A. No. 146

Public service

Sec. 13[b], C.A. No. 146

Public character and interest not number of people served determinative of public utility or service

Luzon Stevedoring Company, Inc. v. The Public Service Commission, G.R. No. L-5458. Sept. 16, 1953

WEEK 4

Public utility defined

JG Summit Holdings, Inc. v. CA, G.R. No. 124293. Sept. 24, 2003

Statutory definition of public utility abandoned

JG Summit Holdings, Inc. v. CA, Id.; Tinga, J., Sep. Op.

Public use

Iloilo Ice and Cold Storage Co. v. Public Utility Board, G.R. No. L-19857. March 2, 1923; 44 Phil. 551

Exempted services

Sec. 13, Public Service Act or C.A. No. 146, as amended
Sec. 14, C.A. No. 146, as amended by C.A. No. 454, R.A. Nos. 2031 and 2677

Why shipyards are not deemed as public utilities; definition

Sec. 13 (b), C.A. No. 146
Sec. 15, C.A. No. 146
Sec. 1(d), P.D. No. 666 reads:
Mecano v. Commission on Audit, G.R. No. 103982. Dec. 11, 1992; 216 SCRA 500

Sec. 20 of B.P. Blg. 391 expressly and categorically repealed the whole of Sec. 1 of P.D. No. 666.
E.O. No. 226 (law) dated July 16, 1987

Other service not deemed as public utilities

Automobile and aircraft manufacturers
Oil company

R.A. No. 387, otherwise known as the Petroleum Act of 1949
Act No. 3108 and C.A. No. 146 included oil in the definition of public utility
C.A. Nos. 146 and 454, R.A. Nos. 1270 and 2677 covered petroleum.

Wharf or dock

Albano v. Reyes, G.R. No. 83551. July 11, 1989; 175 SCRA 264

Operator of trucks

United States v. Tan Piaco, G.R. No. L-15122. March 10, 1920; 40 Phil. 853
Sec. 13(b), C.A. No. 146, as amended

Owner and lessor of equipment and facilities for a rail system

Tatad v. Garcia, G.R. No. 114222. April 6, 1995; 243 SCRA 436

Sec. 13(b), C.A. No. 146, as amended

Ice plant

La Paz Ice Plant & Cold Storage Co., Inc. v. John Bordman, G.R. No. L-43668. March 31, 1938; 65 Phil. 401

Others included in the definition of public utilities

Public utility determined not by law but by courts

Sec. 1, R.A. No. 2677, amending Sec. 13(b), C.A. No. 146, as amended
North Negros Sugar Co. v. Hidalgo, G.R. No. L-42334. Oct. 31, 1936; 63 Phil. 664

FRANCHISE FOR PUBLIC SERVICES

Franchise defined

Franchise as a legislative grant

Congress has no exclusive authority to issue franchises

Sec. 11, Art. XII, 1987 Constitution

Public Service Commission abolished and replaced

Certificate of Public Convenience (CPC) or Certificate of Public Convenience and Necessity (CPCN) defined

Pangasinan Transportation Co., Inc. v. Public Service Commission, G.R. No. 47065. June 26, 1940; 70 Phil. 221
Luque v. Villegas, G.R. No. L-22545. Nov. 28, 1969; 30 SCRA 408

Sec. 14 of the Public Service Act (C.A. No. 146)
Sec. 15, par. 1, C.A. No. 146

CPC included in the term “property”

Raymundo v. Luneta Motor Co., G.R. No. L-39902, L-39903. Nov. 29, 1933; 58 Phil. 889

Conditions for the issuance of CPC or CPCN

Par. 1, Sec. 15, C.A. No. 146, as amended
Sec. 15, par. 2, C.A. No. 146, as amended

Requisites for the grant of CPC or CPCN

Kilusang Mayo Uno Labor Center v. Garcia, Jr., G.R. No. 115381. Dec. 23, 1994

Other applications of the CPC or CPCN

Sec. 15, par. 4, C.A. No. 146, as amended

Law not the title in certificate that determines the requirements for the issuance of such certificate

Unlawful acts of public service companies

Secs. 18 and 19, C.A. No. 146, amended

Prior operator rule or Old operator rule

Halili v. Cruz, G.R. No. L-21061. June 27, 1968; 23 SCRA 1174

Exceptions to the prior operator rule

Prior applicant rule

Third operator rule

Yangco v. Esteban, G.R. No. 38586. Aug. 18, 1933

Protection of investment rule

Batangas Transportation Co. v. Orlanes, G.R. No. L-28865. Dec. 19, 1928; 52 Phil., 455
Tiongson v. Public Service Commission, G.R. No. L-24701. Dec. 16, 1970

CHAPTER III

COMMERCIAL CONTRACTS FOR TRANSPORTATION

CODE OF COMMERCE PROVISIONS AND CONCEPTS

Relevant Code of Commerce provisions and scope of their application

Arts. 349 to 379, Code of Commerce

WEEK 5

Contract of transportation; when deemed commercial

Art. 349, Code of Commerce

Bill of lading defined

Bus Company v. The Collector of Internal Revenue, G.R. No. L-14078. Feb. 24, 1961

Lading defined

Two-fold character of a bill of lading

Functions of the bill of lading

Kinds of bills of lading

Magellan Manufacturing Marketing Corp. v. CA, G.R. No. 95529. Aug. 22, 1991

Bill of lading not indispensable to contract of carriage

Compañia Maritima v. Insurance Company of North America, G.R. No. L-18965. Oct. 30, 1964

When liability of the carrier commences

Determination of indemnity if not stipulated

Art. 370, Code of Commerce

Bill of lading as a contract of adhesion

Philippine Commercial International Bank v. CA, G.R. No. 97785. March 29, 1996; 325 Phil. 588

Effect of acceptance of a bill of lading sans objection

Contract ambiguities how construed

Art. 1377, Civil Code
Power Commercial and Industrial Corp. v. CA, G.R. No. 119745. June 20, 1997; 274 SCRA 597

Instances when consignee is bound by the bill of lading

Sea-Land Service, Inc. v. IAC, G.R. No. 75118. Aug. 31, 1987; 237 Phil. 531

Art. 1311[2], Civil Code
Mendoza v. Philippine Air Lines, Inc., G.R. No. L-3678. Feb. 29, 1952; 90 Phil 836

Duties of the carrier

Carrier’s obligation to accept the goods

F.C. Fisher v. Yangco Steamship Company, G.R. No. L-8095. March 31, 1915

When a common carrier may lawfully decline to accept the goods

Carrier not absolutely obliged to accept a cargo

Philippine Airlines, Inc. v. CA, G.R. No. 119706. March 14, 1996

Carrier’s duty to deliver the goods

Period of delivery of goods

Art. 358, Code of Commerce
Art. 370, Code of Commerce

Effects of delay in the delivery of the goods

Art.1740, Civil Code
Art.1747, Civil Code

Instances when the consignee may refuse to receive the goods

Arts. 363, 365 and 371, Code of Commerce

Claim for damage, when and how made

Art. 366, Code of Commerce
New Zealand Insurance Co., Ltd. v. Choa Joy, G.R. No. L-7311. Sept. 30, 1955

When claim for damage may no longer be admitted

Art. 366, Code of Commerce, pars. 1 and 2

Effects of paying the transportation charges

Art. 366, Code of Commerce

Rationale for the requisite period of giving notice of claim

Philippine American General Insurance Co., Inc. v. Sweet Lines, Inc., G.R. No. 87434. Aug. 5, 1992; 212 SCRA 194

24-hour claim a condition precedent to an action against carrier

Philippine Charter Insurance Corp. v. Chemoil Lighterage Corp., G.R. No. 136888. June 29, 2005

Patent damage vis-à-vis latent damage

Rules on claim do not apply to undelivered goods

Roldan v. Lim Ponzo & Co., G.R. No. L-11325. Dec. 7, 1917

Shorter period may validly be stipulated by the parties

Application of prescriptive periods under the Civil Code

Doctrine of combined or connecting services

Art. 373, Code of Commerce

Special right of carrier over the goods transported and prescription of action to enforce such right

Art. 375, Code of Commerce

CHAPTER IV

LAND TRANSPORTATION

GOVERNING LAWS

Republic Act No. 4136 or the Land Transportation and Traffic Code – June 20, 1964
Republic Act No. 6374;
Presidential Decree No. 98;
Presidential Decree No.109;
Presidential Decree No. 843;
Presidential Decree No. 896;
Presidential Decree No.1057;
Presidential Decree No.1958;
Batas Pambansa Blg. 43;
Batas Pambansa Blg. 74;
Batas Pambansa Blg. 398;
Republic Act No. 8750;
Republic Act No. 10586 or the “Anti-Drunk and Drugged Driving Act of 2013;” and
Other laws which expressly or impliedly modified some of its provisions.

IMPLEMENTING AGENCIES AND BODIES
The Land Transportation Office (LTO)

WEEK 6

Book IV, Title XV, Chapter 1, Sec. 2, Administrative Code of 1987).
Sec. 4 (d) [1], Art. III, R.A. No. 4136, as amended
Sec. 27, Land Transportation and Traffic Code or R.A. No. 4136, as amended

Driver’s license issued by the LTO

Specific powers and functions of the LTO

Sec. 4 (d) [1], Art. III, R.A. No. 4136, as amended,

The Land Transportation, Franchising and Regulatory Board (LTFRB)

E.O. No. 202, dated 19 June 1987
Land Transportation Office v. Butuan, G.R. No. 131512. Jan. 20, 2000

“To regulate” and “to register” construed

Key powers and functions of the LTFRB

E.O. No. 202, s. 1987

The Local Government Units (LGUs)

Power to regulate the operation and grant franchises to tricycles devolved to LGUs

Sec. 458. R.A. No. 7160

Rationale for the devolution

LTO powers on vehicle registration and drivers’ licensing not devolved to LGUs

The Metropolitan Manila Development Authority (MMDA)

MMDA’s power to enforce traffic laws in Metro Manila

Sec. 5(f), Republic Act No. 7924

RIGHTS AND OBLIGATIONS OF ROAD USERS

Caminos, Jr. v. People, G.R. No. 147437. May 8, 2009

Duty of drivers to have license

Sec. 19, R.A. No. 4136, as amended by B.P. Blg. 398

Right of way construed

Right of way rule in intersections

Sec. 42, R.A. No. 4136

Duty to yield

Rule determined by imminence of collision

Crossing a thru-stop street

Adzuara v. CA, G.R. No. 125134. Jan. 22, 1999; 301 SCRA 657

Driving on right side of highway

Sec. 37, R.A. No. 4136, as amended

Overtaking a vehicle

Sec. 39, R.A. No. 4136, as amended

Driver to give way to overtaking vehicle

Sec. 40, R.A. No. 4136, as amended

Turning right or left at intersections

Sec. 45[a] and [b], R.A. No. 4136, as amended

Parking prohibited in specified places

Sec. 46, R.A. No. 4136, as amended

Hitching to a vehicle prohibited

Sec. 51, R.A. No. 4136, as amended

Obstruction of traffic

Sec. 54, R.A. No. 4136, as amended

Prohibited acts specifically penalized under R.A. No. 4136

Retroactive effect of penal laws

Sec. 19 of R.A. No. 10586 expressly modified Sec. 56(f) of R.A. No. 4136
Art. 22, RPC, in relation to Sec. 3(e), RA 10586

RECKLESS DRIVING AND ROAD ACCIDENTS

Reckless driving and reckless imprudence

Sec. 48, R.A. No. 4136, as amended

Imprudence defined

Reckless imprudence resulting in damage to property; elements

Presumption of imprudent driving; burden of proof on the accused

When motor vehicle operator at fault may be held criminally liable

Sec. 56[n], R.A. No. 4136, as amended

Negligence of other party not a defense in reckless driving case

Instance when presumption of driver’s negligence arises

Art. 2185, Civil Code

Rate of speed a basic factor in determining reckless driving

Restriction as to speed

Sec. 35[a], R.A. No. 4136, as amended

Reasonable rate of speed

Gabriel v. CA, G.R. No. 128474. Oct. 6, 2004; 440 SCRA 136

Sec. 35, R.A. No. 4136

Swerving per se not violative of traffic law

Sec. 48, R.A. No. 4136
Sydeco v. People, G.R. No. 202692. Nov. 12, 2014

Driving under the influence of alcohol

Sec. 5, R.A. No. 10586
Sec. 3(g), IRR of R.A. No. 10586

Driving under the influence of dangerous drugs and other similar substance

Sec. 3[f], R.A. No. 10586

WEEK 7

Conduct of field sobriety tests

Sec. 6, R.A. No. 10586
Sec. 3[g], R.A. No. 10586

Use of breath analyzer

Sec. 3[b], R.A. No. 10586

Chemical and confirmatory tests

Sec. 3[c], R.A. No. 10586

Mandatory alcohol and chemical testing of drivers involved in motor vehicular accidents

Sec. 7, R.A. No. 10586

Refusal to submit to mandatory tests

Secs. 6, 7, 8 and 15, R.A. No. 10586

Children prohibited from sitting in front seat

Sec. 5, R.A. No. 8750

Duty of driver in case of accident

Sec. 55, R.A. No. 4136, as amended

ARRESTS AND SEARCHES

When refusal to get off of the vehicle for a body and vehicle search not deemed as serious disobedience to a lawful order

Abenes v. CA, G.R. No. 156320. Feb. 14, 2007; 515 SCRA 690

Art. 151, Revised Penal Code

Reasonable suspicion of a crime that would justify stop-and-frisk action

People v. Sy Chua, G.R. No. 136066-67. Feb. 4, 2003; 444 Phil. 757

General rule is confiscation of driver’s license not arrest

Sec. 29. R.A. 4136

No warrant of arrest to be issued for offense penalized only by fine; effect of issuance of traffic citation ticket

Luz v. People, G.R. No. 197788. Feb. 29, 2012

Requirements for a valid arrest

Morales, Jr. v. Enrile, G.R. No. L-61016. April 26, 1983; 206 Phil. 466

Invalid arrest does not authorize warrantless search

People v. Bolasa, G.R. No. 125754. Dec. 22, 1999; 378 Phil. 1073

Evidence seized not in plain view

People v. Macalaba, G.R. No. 146284-86. Jan. 20, 2003; 443 Phil. 565

Consented warrantless search

Caballes v. CA, G.R. No. 136292. Jan. 15, 2002; 424 Phil. 263

Inadmissibility of articles seized during illegal arrest

People v. Martinez, G.R. No. 191366. Dec. 13, 2010
MOTOR VEHICLE REGISTRATION AND FRANCHISING

Motor vehicle defined

Compulsory registration of motor vehicles

Sec. 5(a) and (e), R.A. No. 4136, as amended

Unregistered sale or lease of motor vehicle not binding on third persons injured in vehicular accidents

First Malayan Leasing and Finance Corp. v. CA, G.R. No. 91378. June 9, 1992; 209 SCRA 660
Roxas v. CA, G.R. No. 92245. June 26, 1991; 198 SCRA 541
PCI Leasing and Finance, Inc. v. UCPB General Insurance Co., Inc., G.R. No. 162267. July 4, 2008

Nature of motor vehicle registration fees: taxes or regulatory fees

Philippine Airlines, Inc. v. Edu, G.R. No. L- 41383. Aug. 15, 1988

Mandatory emission standards for motor vehicles

Sec. 46, R.A. No. 8749 or the Clean Air Act of 1999

Seat belt device defined

Sec. 3, R.A. No. 8750

Mandatory use and provision of seat belts in certain motor vehicles

Sec. 4, R.A. No. 8750

Penalties and fines for violation of the Seat Belts Use Act

Sec. 12, R.A. No. 8750

Permanent number plates

Sec. 17, R.A. No. 4136, as amended by B.P. Blg. 43

Certificate of Public Convenience issued by LTFRB

Franchise defined

Public convenience or necessity construed

Public hearing an indispensable requirement in issuance of CPC

Batangas Transportation Co. v. Orlanes, G.R. No. L-28865. Dec. 19, 1928; 52 Phil., 455
Manila Electric Company v. Pasay Transportation Co., Inc., G.R. No. L-37655. Feb. 9, 1933; 57 Phil. 825

Requisites for the grant of CPC

Sec. 16(a), C.A. No. 146, as amended

LTFRB cannot redelegate its delegated power to a common carrier

United States v. Barrias, G.R. No. 4349. Sept. 24, 1908; 11 Phil. 327

Kabit system

Baliwag Transit Inc. v. CA, G.R. No. 57493. Jan. 7, 1987; 147 SCRA 82

Art. 1409, Civil Code
Lim v. CA, G.R. No. 125817. Jan. 16, 2002

WEEK 8

Purpose behind the proscription against the kabit system

Kabit system not a criminal offense but void under civil law

Art. 1412, Civil Code
Lita Enterprises, Inc. v. IAC, G.R. No. 64693. April 27, 1984

Boundary system

Paguio Transport Corp. v. National Labor Relations Commission, G.R. No. 119500. Aug. 28, 1998

Relationship between the owner of the vehicle and the driver under a “boundary system”

Jardin v. National Labor Relations Commission, G.R. No. 119268. Feb. 23, 2000
National Labor Union v. Dinglasan, G.R. No. L-14183. Nov. 4, 1993

Effect of transfer or lease of franchise

Montoya v. Ignacio, G.R. No. L-5868. Dec. 29, 1953; 94 Phil. 182

Registered owner liable despite transfer of ownership of vehicle

Perez v. Gutierrez, G.R. No. L-30115. Sept. 28, 1973; 53 SCRA 149
Benedicto v. IAC, G.R. No. 70876. July 19, 1990

Approval of sale, encumbrance or lease of property

DOTC Order No. 2010‐34

Sale or lease of franchise requires prior approval by LTFRB

Prior approval of the sale, lease or encumbrance of property not a condition precedent to validity of contract

Fores v. Miranda, G.R. No. L-12163. March 4, 1959

Solidary liability of a registered owner/operator of a public service vehicle

Gelisan v. Alday, G.R. No. L-30212. Sept. 30, 1987

CHAPTER V

MARINE TRANSPORTATION

MARINE TRANSPORTATION AND MARITIME LAWS

Marine transportation defined

Governing law

Admiralty or maritime law

Admiralty law differentiated from the Law of the Sea

THE KEY ACTORS IN MARITIME COMMERCE
The shipowner and ship agent

Art. 586, Code of Commerce and Sec. 1, R.A. No. 9515

Powers and functions of a ship agent

Civil liabilities of the shipowner and ship agent

Art. 587, Code of Commerce

Authority of the ship agent to discharge the captain and members of the crew

Art. 603 and 605, Code of Commerce

The ship captain and master of the vessel
Yu Con v. Ipil, G.R. No. L-10195. Dec. 29, 1916

Nature of the position of captain and master

Qualifications of a captain or master

Art. 609, Code of Commerce

Inherent powers of a captain or master

Art. 610, Code of Commerce

Hull

Rigging

Fund sources

Art. 611, Code of Commerce

Duties of a captain or master

Art. 612, Code of Commerce

“Log book” and its contents

“Accounting book” and its contents

“Freight book” and its contents

Solidary liability of the captain and ship agent

Art. 618, Code of Commerce

Instances when the captain incurs no liability

Art. 620, Code of Commerce

Ship’s captain discretionary authority

Inter-Orient Maritime Enterprises Inc. v. National Labor Relations Commission, G.R. No. 115286. Aug. 11, 1994

Captain cannot be substituted without ship agent’s consent

Art. 615, Code of Commerce

Cases when the captain and crew members may rescind their contracts of employment

Art. 647, Code of Commerce

(1) The officers and crew of the vessel

Cases when the officers and crew are exempted from all obligations

Art. 647, Code of Commerce

Sailing mate or First mate

Art. 627, Code of Commerce

Duties of a Sailing mate or First mate

Arts. 628 to 631, Code of Commerce

“Binnacle book” and its contents

Arts. 629 to 631, Code of Commerce

WEEK 9 –MIDTERM EXAM

WEEK 10

Second mate

Duties of a Second mate

Art. 632, Code of Commerce

Marine engineers

Duties of the Chief engineer

“Engine book” and its contents

The crew and its composition

Art. 634, Code of Commerce

Just causes for the discharge of a seaman

Art. 637, Code of Commerce

Rules if a seaman should die or be captured during the voyage

Art. 645, Code of Commerce

Complement of a vessel

Art. 648, Code of Commerce

Supercargoes

Art. 649, Code of Commerce

The pilot
Far Eastern Shipping Company v. CA, G.R. No. 130068. Oct. 1, 1998

Harbor pilot

Pilotage defined

Compulsory pilotage

Liability of a pilot

Sec.11, Art. III, PPA Admin Order 03-85

IMPORTANT CONCEPTS IN MARITIME COMMERCE

Essential terms used in maritime commerce

Merchant vessel defined

P.D. No. 1521

Maritime lien
Philippine National Bank v. CA, G.R. No. 128661. Aug. 8, 2000; 337 SCRA 381

Secs. 17 and 21 of P.D. No. 1521 or “The Ship Mortgage Decree of 1978”

Preferred maritime lien

Sects. 17 and 21 of P.D. No. 1521

Doctrine of limited liability or the Limited liability rule

Art. 587, Code of Commerce
Yangco v. Laserna, G.R. No. L-47447-47449. Oct. 29, 1941; 73 Phil. 330

Rationale for the doctrine

Doctrine of limited liability; specific applications

Arts. 587, 590, 643 and 837, Code of Commerce

Limited liability rule under the provisions of the Code of Commerce

Arts. 587, 590 and 837, Book III, Code of Commerce

Exceptions to the limited liability rule

Chua Yek Hong v. IAC, G.R. No. 74811. Sept. 30, 1988

Art. 827, Code of Commerce

Abandonment defined

Sec. 140, Insurance Code, as amended

General limitation on abandonment

Sec. 142, Insurance Code, as amended

Abandonment of the vessel; when needed

Art. 837, Code of Commerce
Luzon Stevedoring Corp. v. CA, G.R. No. L-58897. Dec. 3, 1987; 156 SCRA 169

Abandonment; how done

Secs. 145 and 146, Insurance Code, as amended

Acceptance of abandonment

Secs. 152 to 155, Insurance Code, as amended

Effect of refusal to accept a valid abandonment

Sec. 156, Insurance Code, as amended

Abandonment no longer required when vessel is totally lost

Arts. 587, 590 and 837, Code of Commerce
Vasquez v. CA, G.R. No. L-42926. Sept. 13, 1985; 138 SCRA 553

When abandonment becomes ineffectual

Sec. 144, Insurance Code, as amended

Causes justifying resort to abandonment

Sec. 141, Insurance Code, as amended

Subsidiary liability of the shipowner and agent

The Philippine Shipping Company v. Vergara, G.R. No. L-1600. June 1, 1906; Phil. 281

Art. 837, Code of Commerce
Manila Steamship Co., Inc. v. Abdulhaman, G.R. No. L-9534. Sept. 29, 1956; 100 Phil. 32

Limitations on the right of abandonment

Philippine American General Insurance Company, Inc. v. CA, G.R. No. 116940. June 11, 1997; 339 Phil. 455
Negros Navigation Co., Inc. v. CA, G.R. No. 110398. Nov. 7, 1997; 346 Phil. 551

WEEK 11

Effect of abandonment of vessel and earned freight

Art. 587, Code of Commerce
Switzerland General Insurance Co., Ltd. v. Ramirez, G.R. No. L-48264. Feb. 21, 1980; 96 SCRA 297

Right of abandonment

Extent of liability of the shipowner and ship agent

Aboitiz Shipping Corp. v. CA, G.R. No. 121833, 130752, 137801. Oct. 17, 2008; 569 SCRA 294).

Ship agent defined

Art. 587, Code of Commerce

“No vessel, no liability” rule

The Government of the Philippine Islands v. The Insular Maritime Co., G.R. No. L-21495. March 18, 1924; 45 Phil. 805).

Origin of the rule and the rationale for its adoption in maritime law

Abueg v. San Diego, G.R. No. L-773. Dec. 17, 1946; 77 Phil. 730

Real and hypothecary nature of maritime law

Aboitiz Shipping Corp. v. General Accident Fire and Life Assurance Corp., Ltd., G.R. No. 100446. Jan. 21, 1993; 217 SCRA 359

“Real” and “hypothecary” construed

Rubiso v. Rivera, G.R. No. L-11407. Oct. 30, 1917; 37 Phil. 72

Primary governing law on liability of ship owners or agents for total loss or destruction of the vessel

Arts. 1732-1766, Civil Code
Art. 587, Code of Commerce

Package liability limitation
Causes of revocation of voyage

Art. 640, Code of Commerce

Interdiction of commerce

Blockade

Embargo

Order of preference in case of sale of vessel

Effect of sale of vessel

Sec. 17, P.D. No. 1521
Art. 587, Code of Commerce
Art. 687, Id.
Sec. 138, Insurance Code

Participants in maritime commerce
Charter party
Tabacalera Insurance Co. v. North Front Shipping Services, Inc., G.R. No. 119197. May 16, 1997; 272 SCRA 527

Charter party as a special contract in maritime commerce

Parties to a charter party

Kinds of charter party

Puromines, Inc. v. CA, G.R. No. 91228. March 22, 1993

Charter of demise or bareboat

Owner pro hac vice

Contract of affreightment

Kinds of contract of affreightment

Time charter

Litonjua Shipping Company Inc. v. National Seamen Board, G.R. No. L-51910. Aug. 10, 1989

Voyage charter

Distinctions between a civil law lease and a charter party

Distinctions between a charter party and a bill of lading

Distinctions between a demise or bareboat charter party and a contract of affreightment

Persons who can make a charter

Art. 598, Code of Commerce
Art. 609, Id.
Art. 679, Id.

Requirements of a valid charter party

Instances when a charter party may be rescinded

Freight defined

Freightage

Sec. 104, P.D. No. 612 or the Insurance Code, as amended by R.A. No. 10607

Requisites and contents of charter party

Art. 652, Code of Commerce

Charter party clauses

Jason clause

Paramount clause

Carriage of Goods by Sea Act (46 U.S.C.A. § 1300)

Rights and obligations of the shipowner or ship agent

Arts. 669-678, Code of Commerce

Lay days defined

Extra lay days

WEEK 12

Demurrage

Obligations of charterers

Arts. 679-687, Code of Commerce

Primage

Rescission of a charter party at the charterer’s request

Art. 688, Code of Commerce

Rescission of a charter party at the shipowner’s request

Art. 689, Code of Commerce

Rescission of a charter party due to fortuitous causes

Art. 690, Code of Commerce

Transshipment defined

Sec 2[m], R.A. No. 10668
Magellan Manufacturing Marketing Corp. v. CA, G.R. No. 95529. Aug. 22, 1991

Loans on bottomry and respondentia

Art. 719, Code of Commerce

Aleatory contract

Distinctions between a loan on bottomry and a loan on respondentia

Requisites of loan on bottomry or respondentia

When loan on bottomry or respondentia treated as a simple loan

Arts. 726 and 727, Code of Commerce

Interest rate on the loan; Usury law and CB Circular 905-92

Central Bank Circular No. 905-82
Dio v. Japor, G.R. No. 154129. July 8, 2005; 463 SCRA 170
Almeda v. CA, G.R. No. 113412. April 17, 1996; 256 SCRA 292

Distinctions between a loan on bottomry or respondentia and marine insurance

Hypothecary nature of bottomry and respondentia

Art. 731, Code of Commerce

Hypothecary

Barratry defined

Barratry clause

Roque v. IAC, G.R. No. L-66935. Nov. 11, 1985

Marine insurance and loan on bottomry and respondentia

Sec. 101, Insurance Code
Art. 735, Code of Commerce

Accidents in maritime commerce

(1) Averages

Art. 806, Code of Commerce

Ordinary expenses

Art. 807, Code of Commerce

Kinds of averages

Art. 808, Code of Commerce

Simple or particular averages

Arta. 809 and 810, Code of Commerce

General or gross averages

Art. 811, Code of Commerce

Requisites for general average

Arts. 816-818, Code of Commerce

Procedure for recovery expenses for gross average

Arts. 813 and 814, Code of Commerce

Contribution to the general average

Art. 812, Code of Commerce
Art. 859, Id.
Art. 732, Id.
A. Magsaysay, Inc. v. Agan, G.R. No. L-6393. Jan. 31, 1955
Art. 812, Code of Commerce

Jettison defined

Order of goods or cargo to be jettisoned or cast overboard

Art. 815, Code of Commerce

Cargo not covered by general average

Art. 855, Code of Commerce
Rule IX, York-Antwerp Rule

Rationale for the rule on deck cargo

Subsec. 1, Art. 815, Code of Commerce,
Standard Oil Company of New York v. Castelo, G.R. No. L-13695. Oct. 18, 1921).

Rule different in coastwise and inland waters navigation

Requisites for inclusion of jettisoned goods in the general average

Art. 816, Code of Commerce

(2) Arrival under stress

Art. 819, Code of Commerce

Steps to be followed in arrival under stress

Art. 819, Code of Commerce

Protest in arrival under stress only a disclaimer on owner’s liability

When arrival deemed unlawful

Art. 820, Code of Commerce

Who bears the expenses of arrival

Art. 821, Code of Commerce

WEEK 13

Duty of the captain to continue the voyage

Art. 825, Code of Commerce

(3) Collision and allision

Vessel at fault liable for indemnity

Art. 826, Code of Commerce

Liability if both vessels at fault or if it cannot be determined which vessel caused the collision

Arts. 827 and 828, Code of Commerce

Doctrine of last clear chance and Rule on contributory negligence

Art. 827, Code of Commerce

Doctrine of inscrutable fault

Divisions of time or zones in collisions of vessels

G. Urrutia & Co. v. Baco River Plantation Co., G.R. No. L-7675. March 25, 1913).

Error in extremis defined

Liability in collision through fortuitous event or force majeure

Art. 830, Code of Commerce

Presumption of fault against a moving vessel striking a stationary object; doctrine of res ipsa loquitur

Far Eastern Shipping Company v. CA, G.R. No. 130068. Oct. 1, 1998
Republic v. Luzon Stevedoring Corp., G.R. No. L-21749. Sept. 29, 1967; 21 SCRA 279

Civil tort vis-à-vis maritime tort

Liability of third vessel causing the collision

Art. 831, Code of Commerce

Liability of properly anchored and moored vessel colliding with nearby vessels due to storm or force majeure

Art. 832, Code of Commerce

When vessel presumed as lost by reason of collision

Art. 833, Code of Commerce

Role of protest for the recovery of losses and damages due to collision; when and how made

Art. 835, Code of Commerce

Who can file maritime protest in case of collision

Arts. 835-836, Code of Commerce
Verzosa v. Lim, G.R. No. 20145. Nov. 15, 1923

Effect of absence of protest on persons not on board

Art. 836, Code of Commerce

Limitation on the shipowners’ civil liability

Art. 837, Code of Commerce

Indemnity for death or injury of persons

Art. 838, Code of Commerce

Summary investigation of the accident

Art. 839, Code of Commerce

Presumptions to determine negligence

Rules to prevent collision

Port and starboard

Windward and leeward

Rules governing sailing vessels and steamships

Maritime protest defined; by whom and when made; to whom filed

Art. 835, Code of Commerce

Persons not required to file protest

Art. 836, Code of Commerce

Cases where protest requirement applies

Art. 835, Code of Commerce
Art. 612[8], Id.
Arts. 612[15] and 843, Id.
Art. 624, Id.

(4) Shipwreck defined

Owners bear the losses due to shipwreck

Art. 840, Code of Commerce

Indemnity from the captain due to his fault

Art. 841, Code of Commerce

When the captain may be held liable for shipwreck

Art. 841, Code of Commerce

SPECIAL CONCEPTS IN MARITIME COMMERCE

(a) Arrastre defined

Arrastre services

Sec. 1213, R.A. No. 1937

Nature of arrastre function; BOC’s immunity from suit

Mobil Philippines Exploration, Inc. v. Customs Arrastre Service, G.R. No. L-23139. Dec. 17, 1966

Arrastre operators

Functions of an arrastre operator

Hijos de F. Escao, Inc. v. National Labor Relations Commission, G.R. No. 59229. Aug. 22, 1991; 261 SCRA 63
Summa Insurance Corp., v. CA, G.R. No. 84680. Feb. 5, 1996; 323 Phil. 214
Fireman’s Fund Insurance Co., v. Metro Port Service, Inc., G.R. No. 83613. Feb. 21, 1990; 182 SCRA 455

WEEK 14

Arrastre operator and carrier solidarily liable

Lua Kian v. Manila Railroad Company, G.R. No. L-23033. Jan. 5, 1967; 19 SCRA 5
Northern Motors, Inc. v. Prince Line, G.R. No. L-13884. Feb. 29, 1960; 107 Phil. 253).

What arrastre operator must prove to avoid liability

Asian Terminals, Inc. v. Daehan Fire and Marine Insurance Co., Ltd., G.R. No. 171194. Feb. 4, 2010; 611 SCRA 555

Arrastre operator deemed a public utility

New Zealand Insurance Company, Ltd. v. Navarro, G.R. No. L-48686. Oct. 4, 1989

(b) Stevedoring service defined

Cebu Arrastre Service v. Collector of Internal Revenue, G.R. No. L-7444. May 30, 1966
The Chief of Staff, Armed Forces of the Philippines v. Collector of Internal Revenue, G.R. No. L-21835. Aug. 19, 1967
Anglo-Fil Trading Corp. v. Lazaro, G.R. No. L-54958. Sept. 2, 1983

(c) Containerization

United States Lines, Inc. v. Commissioner of Customs, G.R. No. L-73490. June 18, 1987

When carrier of the containerized cargo may be held liable

Reyma Brokerage, Inc. v. Philippine Home Assurance Corp., G.R. No. 93464. Oct. 7, 1991
Bankers & Manufacturers Assurance Corp. v. CA, G.R. No. 80256. Oct. 2, 1992
SALVAGE LAW OR ACT NO. 2616

Salvage defined

Erlanger & Galinger v. The Swedish East Asiatic Co., [Ltd.], G.R. No. L-10051. March 9, 1916

Elements needed to a valid salvage claim

Rules for determining the reward for salvage

Sec. 9, Act No. 2616

Proper subjects of salvage

Salvage Law (Act No. 2616)

Flotsam, jetsam, lagan defined

Towage defined

Salvage distinguished from towage

Art. 2142, Civil Code
Barrios v. Carlos A. Go thong & Company, G.R. No. L-17192. March 30, 1963

Persons having no right to reward for salvage

Sec. 3, Act No. 2616

Derelict defined

Basic rules on salvage reward

Secs. 9, 11, 12 and 13, Act No. 2616
The Atlantic, Gulf & Pacific Company of Manila v. Uchida Kisen Kaisha, G.R. No. L-15871. Nov. 7, 1921

CARRIAGE OF GOODS BY SEA ACT (COGSA) OR COMMONWEALTH ACT NO. 65

U.S. COGSA adopted by the Philippine Congress via C.A. No. 65

Public Act No. 521 of the 74th US Congress
Sec. 1, C.A. No. 65

Application of COGSA in relation to provisions of other laws

Art. 1753, Civil Code
Art. 1766, Civil Code
COGSA

Significant provisions of COGSA

Rationale for limiting common carrier’s liability

Edgar Cokaliong Shipping Lines, Inc. v. UCPB General Insurance Co., G.R. No. 146018. June 25, 2003

Carriage of goods; period covered

Sec. 1(e), Title I of C.A. No. 65 (COGSA)
Insurance Company of North America v. Asian Terminals, Inc., G.R. No. 180784. Feb. 15, 2012

Notice of loss or damage

Sec. 3[6], COGSA

Action to recover not barred by lack of notice

E. E. Elser, Inc. v. CA, G.R. No. L‐6517. Nov. 29, 1954)

Prescriptive period for filing an action under COGSA

Par. (6), Sec. 3, COGSA

Belgian Overseas Chartering and Shipping, N.V. v. Philippine First Insurance Co., Inc., G.R. No. 143133. June 5, 2002; 383 SCRA 23)

Other persons covered by the one-year prescriptive period

Kuy v. Everrett Steamship Corp., G.R. No. L‐5554. May 27, 1953

Insurer covered by the one-year prescriptive period

Filipino Merchants Insurance Company, Inc. v. Alejandro, G.R. No. L‐54140. Oct. 14, 1986

Sec. 3(6), COGSA
Mayer Steel Pipe Corp. v. CA, G.R. No. 124050. June 19, 1997

Arrastre operator not covered by prescriptive period

Rationale for the prescriptive period under COGSA

Ang v. American Steamship Agencies, Inc., G.R. No. L-22491. Jan. 27, 1967; 19 SCRA 129

WEEK 15

Not loss or damage but misdelivery

Sec. 3(6), COGSA

Applicable rule on prescription in case of misdelivery of goods

Arts. 1144(1) and 1146, Civil Code
Tan Liao v. American President Lines, Ltd., G.R. No. L-7280. Jan. 20, 1956; 98 Phil. 203

Instances when prescription is suspended

Universal Shipping Lines, Inc. v. IAC, G.R. No. 74125. July 31, 1990; 188 SCRA 170
F. H. Stevens & Co. Inc. v. Norddeuscher Lloyd, G.R. No. L-17730. Sept. 29, 1962; 6 SCRA 180

Provisions of Civil Code on prescription not applicable to COGSA

Art. 1155, Civil Code
Sect. 3, par. 6, COGSA
Chua Kuy v. Everett Steamship Corp., G.R. No. L-5554. May 27, 1953
Art. 1155, Civil Code
The Yek Tong Lin Fire & Marine Insurance Co., Ltd. v. American President Lines, Inc., G.R. No. No. L-11081. April 30, 1958; 103 Phil. 1125
Dole Philippines, Inc. v. Maritime Company of the Philippines, G.R. No. L‐61352. Feb. 27, 1987

When prescription begins to run

Continental Insurance Company v. Manila Port Service, G.R. No. L-22208. March 30, 1966, 16 SCRA 425
Union Carbide Philippines, Inc. v. Manila Railroad Co., G.R. No. L-27798. June 15, 1977

Prescriptive period applies to insurer of goods

When cases for loss or damage of goods must be filed

Manner of determining the amount of liability of common carrier for loss or damage to the goods transported

Art. 372, Code of Commerce

When shipper fails to declare value of goods

Sec. 4, par. 5, COGSA
Philam Insurance Company, Inc. v. Heung-A Shipping Corp., G.R. No. 187701. July 23, 2014

Amount of carrier’s liability

Sec. 4(5), COGSA
Eastern Shipping v. IAC, G.R. No. L-69044. May 29, 1987; 150 SCRA 463).

Parties may stipulate higher amount up to actual damage sustained

Stipulation limiting carrier’s liability for loss of goods permitted

Arts. 1749 and 1750, Civil Code
Sec. 4, par. (5), COGSA

Stipulation limiting the carrier’s liability; when valid

Art. 1744, Civil Code

Rule on packages shipped in a container

“Container” construed

Aboitiz Shipping Corp. v. CA, G.R. No. 89757. Aug. 6, 1990

Deterioration of goods due to delay in transit constitutes loss or damage

Sec. 3(6), COGSA

Instances when carrier or ship not liable

CHAPTER VI

AIR TRANSPORTATION

AIR TRANSPORTATION REGULATORY BODIES

Republic Act No. 776, as amended by Presidential Decree 1462
Republic Act No. 9497

The Civil Aeronautics Board (CAB)

CAB’s authority to issue certain documents, permits

Specific powers and duties of the CAB

Sec. 10[C], R.A. No. 776, as amended

Considerations in CAB’s rate-fixing

Sec. 10[C][2], R.A. No. 776, as amended

The Civil Aviation Authority of the Philippines (CAAP)

Powers of the CAAP

TRANSPORTATION STATUTES AND GLOBAL ACCORDS

Civil Aeronautics Act of the Philippines or Republic Act No. 776, as amended (1952);
Civil Aviation Authority Act of 2008 or Republic Act No. 9497; and
Warsaw Convention of 1929 or the Convention for the Unification of Certain Rules Relating to International Carriage by Air, as amended by subsequent international agreements.

The Civil Aeronautics Act of the Philippines or Republic Act No. 776, as amended (1952);

Republic Act No. 776, otherwise known as the Civil Aeronautics Act of the Philippines, as amended by Presidential Decree No. 1462 and Executive Order No. 217

CAB empowered to issue CPCNs and permits to air carriers

CAB requirements to be satisfied by a foreign air carrier intending to operate in the country

Regulation of airfares

Sec. 5.01, IRR of E.O. No. 219, s. 1995 and E.O. No. 32, s. 2001

Aviation-specific passenger protection rules and regulations

CAB’s Economic Regulation No. 9, December 18, 2012

Serious aviation crimes under the Anti-hijacking Law of 1971

Sec. 1, R.A. No. 6235

Shipping, loading or carrying of any substance regulated by CAB

Secs. 2 and 3, R.A. No. 6235

Air Passenger Bill of Rights

DOTC-DTI Joint Administrative Order No. 1 (2012)

WEEK 16

The Civil Aviation Authority Act of 2008 or Republic Act No. 9497

Republic Act No. 9497, otherwise known as the Civil Aviation Authority Act of 2008

CAAP’s authority to prevent flight

Sec. 39, R.A. No. 9497

System and procedures for investigation of air accidents

Aircraft accident investigation and Inquiry board

Sec. 42, R.A. No. 9497

Establishment of registry of aircrafts

Sec. 43, R.A. No. 9497

Eligibility for registration of aircraft

Sec. 43, R.A. No. 9497, citing R.A. No. 776, P.D. No. 1278, E.O. No. 546, and B.P. Blg. 504

Nationality of aircraft

Sec. 47, R.A. No. 9497

Conveyance of aircraft required to be recorded in CAAP to be valid against third parties

Sec. 49, R.A. No. 9497

Form of conveyance

Sec. 50, R.A. No. 9497

CAAP’s aviation safety powers and functions

Sec. 55, R.A. No. 9497

The Chicago Convention

The Warsaw Convention of 1929

Convention for the Unification of Certain Rules Relating to International Carriage by Air, commonly known as the Warsaw Convention (WC)
Santos III v. Northwest Orient Airlines, G.R. No. 101538. June 23, 1992

Warsaw Convention; its application vis-à-vis Philippine laws

Mapa v. CA, G.R. No. 122308. July 8, 1997; 341 Phil. 281
Cathay Pacific Airways, Ltd., v. CA, G.R. No. 60501. March 5, 1993; 219 SCRA 520

Principal goal of the treaty

Twin purposes of the treaty

Scope of application of the treaty

International transportation

Art. 1[2], Warsaw Convention

High contracting party

Transportation by several successive air carriers deemed as one undivided transportation

Art. 1[3], Warsaw Convention

Carrier’s liability for damage in case of passenger’s death or injury

Art. 17, Warsaw Convention

Liability for damage for destroyed, lost or damaged articles

Art. 18, Warsaw Convention

Period of transportation by air

Liability of carrier for delay

Art. 19, Warsaw Convention

Provision limiting carrier’s liability for damage caused by its willful misconduct removed by Hague Protocol

Alitalia v. IAC, G.R. No. 71929. Dec. 4, 1990

Limit of carrier’s liability

Art. 22, Warsaw Convention

Exceptions to the limitations

Willful misconduct

Luna v. CA, G.R. No. 100374-75. Nov. 27, 1992
Northwest Airlines v. CA, G.R. No. 120334. Jan. 20, 1998
Lhuiller v. British Airways, G.R. No. 171092. March 15, 2010

Airway bill defined

Warsaw Convention does not preclude the operation of the Civil Code and other laws

Stipulation relieving the carrier from or limiting its liability

Art. 23, Warsaw Convention
Pan American World Airways, Inc. v. IAC, G.R. No. 70462, 164 SCRA 268
Northwest Airlines, Inc. v. Cuenca, G.R. No. L-22425. Aug. 31, 1965; 14 SCRA 1063); or
Ortigas, Jr. v. Lufthansa German Airlines, G.R. No. L-28773. June 30, 1975; 64 SCRA 610
Korean Airlines Co., Ltd. v. CA, G.R. No. 114061. Aug. 3, 1994; 154 SCRA 211
Zulueta v. Pan American World Airways, Inc., G.R. No. L-28589. Jan. 8, 1973; 43 SCRA 397

Validity of stipulation relieving the carrier from or limiting its liability

Art. 23[1], Warsaw Convention

Notices of claim in case of damage or delay

Art. 26, Warsaw Convention

When right to damages is extinguished by prescription

Art. 29, Warsaw Convention
United Airlines v. Uy, G.R. No. 127768. Nov. 19, 1999

Recovery of claim covered by the Convention after 2 years

Art. 19, Warsaw Convention
Art. 24, Id.
Philippine Airlines, Inc. v. Savillo, G.R. No. 149547. July 4, 2008; 557 SCRA 66

Jurisdiction

“Destination” and “agreed stopping place”

Article 28(1) refers to jurisdiction not venue

Art. 28(1), Warsaw Convention
Art. 32, Id.

Special rules on the liabilities of airline carriers

Philippine Airlines, Inc., v. CA, G.R. No. L-82619. Sept. 15, 1993);
Zalamea v. CA, G.R. No. 104235. Nov. 18, 1993
Lufthansa German Airlines v. CA, G.R. No. 83612. Nov. 24, 1994
KLM Dutch Airlines v. CA, G.R. No. No. L-31150. July 22, 1975; 65 SCRA 237

Rule in case of various successive carriers

Remedies of parties in carriage of passengers and goods

Art. 30, Warsaw Convention

Contract of carriage performed by different carriers

Commissioner of Internal Revenue v. British Overseas Airways Corp., G.R. No. L-65773-74. April 30, 1987,
Art. VI, Res. 850 of the IATA
American Airlines v. CA, G.R. No. 116044-45. March 9, 2000; 384 Phil. 227

Distinction between damage to baggage and injury to passenger due to the misconduct of airline employees

Limitations to the liability of air carriers under the Convention

Art. 22, Warsaw Convention
Art. 25, Id.

WEEK 17 – FINAL EXAM

“What’s New on Land Titles?” – By Prof. Alvin Claridades

Posted on October 4, 2021 by PROF. ALVIN CLARIDADES

“What’s New on Land Titles?” – By Prof. Alvin Claridades

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Land Titles and Deeds Syllabus – PUP College of Law Summer Class of 2021 (Wednesdays & Fridays,6:00-9:00pm)

Posted on July 8, 2021 by PROF. ALVIN CLARIDADES

Land Titles and Deeds Syllabus – PUP College of Law Summer Class of 2021 (Wednesdays & Fridays,6:00-9:00pm)

land-titles-syllabus-pup-summer-2021 Download

LAND TITLES & DEEDS – ASSIGNMENT FOR JANUARY, 23, 2021 (UA&P INSTITUTE OF LAW, 2ND SEMESTER, AY 2020-2021)

Posted on January 16, 2021 by PROF. ALVIN CLARIDADES

LAND TITLES & DEEDS – ASSIGNMENT FOR JANUARY 23, 2021 (UA&P INSTITUTE OF LAW, 2ND SEMESTER, AY 2020-2021)

LEARNING OBJECTIVE 1 (LO1)

CHAPTER I

INTRODUCTION

Historical background of land registration in the Philippines

Adoption of Torrens system of land registration

Torrens system; reason for its adoption in the Philippines

1. Tenio-Obsequio v. CA, GR 107967, Mar. 1, 1994, 230 SCRA 550

Key features of the Torrens system and what it seeks to ensure

2. Revilla v. Galindez, GR L-9940, Mar. 30, 1960, 107 Phil. 480

Torrens system does not confer but merely confirms title

3. Heirs of Doronio v. Heirs of Doronio, GR 169454, Dec. 27, 2007, 541 SCRA 479

Title and Certificate of Title; distinctions

4. Torbela v. Rasario, GR 140528, Dec. 7, 2011, 661 SCRA 633

Purpose of the Torrens system

5. Legarda Saleeby, GR L-8936, Oct. 2, 1915, 31 Phil. 590

Exception to the rule of quieting title to registered land

6. Angeles v. Sania, GR 44493, Nov. 3, 1938, 66 Phil. 444

Registration of land; a judicial proceeding and an action in rem

7. Grey Alba De la Cruz, GR 5246, Sept. 16, 1910, 17 Phil. 49

Effects of registration under the Torrens system

Advantages of the Torrens system

8. Manotok IV v. Barque, GR 162335 & 162605, Dec. 12, 2008, 477 SCRA 339

Rights of innocent third persons; public confidence in the Torrens certificate

Registration as the operative act that validates conveyance of land

9. Reynes v. Barrera, GR 46724, Sept. 30, 1939, 68 Phil. 656

Exceptions to the rule

10. State Investment House, Inc. v. CA, GR 115548, Mar. 05, 1996, 254 SCRA 368

Probative value of Torrens title

11. Peralta v. Abalon, GR 183448, June 30, 2014, 727 SCRA 477

Curtain principle

12. Republic v. CA, GR L-46626-27, Dec. 27, 1979, 94 SCRA 865

Exceptions to the doctrine or principle

13. Sandoval v. CA, GR 106657, Aug. 1, 1996, 260 SCRA 283

Regalian doctrine

Modes of acquiring ownership

14. Gonzalez v. Rojas, GR L-5449, Mar. 22, 1910, 16 Phil. 51

Tradition or delivery, not sale, is what transfers ownership

Ways of constructive delivery

Ownership rights over public lands; how acquired; exception

15. Cariño v. Insular Government, GR 72, Feb. 23, 1909, 41 Phil. 935; 212 U.S., 449; 53 Law. Ed., 594

“Time immemorial”

Regalian doctrine does not negate native title

16. Kapunan, J., Sep. Op.: Cruz v. Secretary of Environment and Natural Resources, GR 135385, Dec. 6, 2000, 347 SCRA 128

Bases for land title

Native title

Imperfect title; how acquired

17. Heirs of Malabanan v. Republic, GR 179987, Apr. 29, 2009, 587 SCRA 172).

All lands of the public domain presumed to belong to the State

18. Republic v. Lao, GR 150413, July 1, 2003, 405 SCRA 291

Development of the Regalian doctrine

19. Cruz v. Secretary of Environment and Natural Resources, GR 135385, Dec. 6, 2000, 347 SCRA 128

Ownership of reclaimed lands under the Regalian Doctrine

NOTE: Digest/dissect all the given cases and write them on yellow pad paper (one case per sheet), TAKE CLEAR PICTURES OF THEM, TOGETHER WITH the cover page and table of contents, and submit/send them to the class beadle for recording and affixing of electronic initials. Late or incomplete submissions will not be accepted.

Read the details of the assigned topics from the prescribed textbook and other supplementary reading materials. Be ready for a GRADED RECITATION during/after the PRESENTATION BY THE ASSIGNED REPORTERS.

OUTCOMES-BASED COURSE SYLLABUS ON LAND TITLES AND DEEDS (UA&P) – 2ND SEMESTER AY 2020-2021

Posted on January 16, 2021 by PROF. ALVIN CLARIDADES

OUTCOMES-BASED COURSE SYLLABUS ON LAND TITLES AND DEEDS (UA&P) – 2ND SEMESTER AY 2020-2021

(Click the hyperlink above)

OUTCOMES BASED COURSE SYLLABUS ON LAND TITLES AND DEEDS (UA&P)

BY PROF. ALVIN CLARIDADES ON JANUARY 15, 2021

OUTCOMES-BASED COURSE SYLLABUS ON LAND TITLES AND DEEDS (UA&P)

Course Code : JD____

Course Title : Land Titles and Deeds (LTD)

Credit : 2 Units

Time Allotment : 36 Hours (Saturdays, 9:00 to 11:00 a.m.)

Professor : ATTY. ALVIN T. CLARIDADES

E-Mail Address: albinoski2005@yahoo.com

COURSE DESCRIPTION

This course is designed to assist law students in acquiring a general knowledge of land titles, the registration process, the registrable liens and encumbrances, the various deeds and instruments of conveyance, as well as the legal remedies available to parties dealing on property. At the end of the term, the students are expected to have a working know-how of the basic principles, policies and remedies provided for under existing Philippine laws on public lands, ordinary and cadastral land registration and the doctrines and principles underlying the Torrens system.

Specifically, the course syllabus is devised and planned in such a way as to enable the students to:

understand the basic legal and constitutional concepts that underpin the Public Land Act and the Property Registration Decree;
appreciate the Torrens system of land registration in the Philippines and understand the role of key government agencies and other actors in the system;
acquire knowledge on specific areas of land registration laws, rules and regulations;
learn and apply legal remedies available for ordinary and cadastral land registration cases and cases involving land grants from the administrative agencies of government;
appreciate the linkage between national laws and local laws on land classification and conversion; and
acquire knowledge on specific property registration issues such as overlapping titling mandates among various agencies and the conundrum that they engender.

COURSE AND LEARNING OUTCOMES

Upon completion of this course, the students must be able to:

demonstrate an understanding of the major laws governing the acquisition of ownership and registration of land titles, as well as the various rules and regulations pertaining to conveyance, transfer and recording of liens;
exhibit an understanding of the terminology, concepts, cases and principles in Land Titles and Deed;
examine issues and concerns on the effect of overlaps in land administration and government grants and discuss how they can best be addressed;
evaluate land titling and registration laws critically; and
know the application of the pertinent rules of civil procedure and the rules laid down in PD 1529 as they apply to property registration.

LEARNING PLAN

Learning Outcomes	Week	Topics	Activities	Resources	Assessment Tools
LO1	1	*CHAPTER IINTRODUCTIONHistorical background of land registration in the PhilippinesAdoption of Torrens system of land registrationTorrens system; reason for its adoption in the Philippines1. Tenio-Obsequio v. CA, GR 107967, Mar. 1, 1994, 230 SCRA 550Key features of the Torrens system and what it seeks to ensure*2. Revilla v. Galindez, GR L-9940, Mar. 30, 1960, 107 Phil. 480Torrens system does not confer but merely confirms title3. Heirs of Doronio v. Heirs of Doronio, GR 169454, Dec. 27, 2007, 541 SCRA 479Title and Certificate of Title; distinctions4. Torbela v. Rasario, GR 140528, Dec. 7, 2011, 661 SCRA 633Purpose of the Torrens system5. Legarda Saleeby, GR L-8936, Oct. 2, 1915, 31 Phil. 590Exception to the rule of quieting title to registered land6. Angeles v. Sania, GR 44493, Nov. 3, 1938, 66 Phil. 444Registration of land; a judicial proceeding and an action in rem7. Grey Alba De la Cruz, GR 5246, Sept. 16, 1910, 17 Phil. 49Effects of registration under the Torrens systemAdvantages of the Torrens system8. Manotok IV v. Barque, GR 162335 & 162605, Dec. 12, 2008, 477 SCRA 339Rights of innocent third persons; public confidence in the Torrens certificateRegistration as the operative act that validates conveyance of land9. Reynes v. Barrera, GR 46724, Sept. 30, 1939, 68 Phil. 656Exceptions to the rule10. State Investment House, Inc. v. CA, GR 115548, Mar. 05, 1996, 254 SCRA 368Probative value of Torrens title11. Peralta v. Abalon, GR 183448, June 30, 2014, 727 SCRA 477Curtain principle12. Republic v. CA, GR L-46626-27, Dec. 27, 1979, 94 SCRA 865Exceptions to the doctrine or principle13. Sandoval v. CA, GR 106657, Aug. 1, 1996, 260 SCRA 283Regalian doctrineModes of acquiring ownership14. Gonzalez v. Rojas, GR L-5449, Mar. 22, 1910, 16 Phil. 51Tradition or delivery, not sale, is what transfers ownershipWays of constructive deliveryOwnership rights over public lands; how acquired; exception15. Cariño v. Insular Government, GR 72, Feb. 23, 1909, 41 Phil. 935; 212 U.S., 449; 53 Law. Ed., 594“Time immemorial”Regalian doctrine does not negate native title16. Kapunan, J., Sep. Op.: Cruz v. Secretary of Environment and Natural Resources, GR 135385, Dec. 6, 2000, 347 SCRA 128Bases for land titleNative titleImperfect title; how acquired17. Heirs of Malabanan v. Republic, GR 179987, Apr. 29, 2009, 587 SCRA 172).All lands of the public domain presumed to belong to the State18. Republic v. Lao, GR 150413, July 1, 2003, 405 SCRA 291Development of the Regalian doctrine19. Cruz v. Secretary of Environment and Natural Resources, GR 135385, Dec. 6, 2000, 347 SCRA 128Ownership of reclaimed lands under the Regalian Doctrine**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO2	2	*CHAPTER II. LAND TITLESPublic and private landsBasic principles in land ownershipPublic lands and private lands; distinctionsProperties of public dominion and patrimonial properties of the StateProperty devoted to public use vis-à-vis property devoted to public service20.* *Chavez v. Public Estates Authority, GR 133250, July 9, 2002, 384 SCRA 152Property of public dominionPatrimonial property of the state susceptible to prescriptionKinds of acquisitive prescription*Possession in good faith and with just title required in ordinary acquisitive prescription21. Santiago v. Cruz, GR 6276, Mar. 21, 1911, 19 Phil. 145“Good faith” and “Just title”22. Titong v. CA, GR 111141, Mar. 6, 1998, 287 SCRA 102Computation of 30-year periodTacking of possession; when allowed23. Nenita Quality Foods Corp. v. Galabo, GR 174191, Jan. 30, 2013, 689 SCRA 569Privity of contractPublic lands; how acquired; when grant is conclusively presumed24. Padilla v. Reyes, GR L-37435, Nov. 28, 1934, 60 Phil. 967State, through DENR, possesses and exercises plenary powers to determine who should be recipients of public land25. Francisco v. Rodriguez, GR L-31083, Sept. 30, 1975, 67 SCRA 212Classifications of public lands according to alienability under the ConstitutionAgricultural lands according to useForest lands and national parksForest lands or reserves not capable of private appropriation26. Vano v. Government of Phil. Islands, GR 15656, Nov. 15, 1920, 41 Phil. 161Land classification an exclusive prerogative of the executive department27. Bureau of Forestry v. CA, Aug. 31, 1987, 153 SCRA 351Classification descriptive of legal and not natural state of landAlienable and disposable (A & D) landConstitutional limitation on alienability of public landClasses of A & D lands of the public domain28. Director of Forestry v. Villareal, GR 32266, Feb. 27, 1989, 170 SCRA 598Sub-classification of A & D landsA & D lands not subject to private ownershipCivil reservationsMilitary reservationsForeshore landReclaimed landPositive government act of reclassifying public land into A & D29. Republic v. CA, GR 127060, Nov. 19, 2002, 392 SCRA 190CENRO certification insufficient to prove A & D character of land30. Republic v. T.A.N. Properties, Inc., GR 154953, June 26, 2008, 555 SCRA 477What needs to be proved by the applicant31. Republic v. Bautista Vda. De Joson, GR 163767, Mar. 10, 2014, 718 SCRA 228When public land ipso jure ceases to be part of the public domain32. Director of Lands v. IAC, GR L-73002, Dec. 29, 1986, 146 SCRA 509Key provisions of the Public Land Act (CA 141) on the disposition of A & D lands of the public domain33. Concurring and Dissenting Op., Brion, J.: Heirs of Malabanan v. Republic, GR 179987, Apr. 29, 2009, 587 SCRA 172Possession required to support claim of title through prescription34. Republic v. Bacas, GR 182913, Nov. 20, 2013, 710 SCRA 411Rules on disposition of public land or lands of the public domainExceptions from the general rule that all lands of the public domain belong to the State and are inalienable35. Republic v. IAC, GR L-75042, Nov. 29, 1988, 168 SCRA 165Private ownership of land; basic requisite in registration thereof36. Director of Lands v. Agustin, GR L-16173, Oct. 6, 1921, 42 Phil. 227Fee simpleBurden of proof rests on applicant for registration37. Republic v. Bautista Vda. De Joson, GR 163767, Mar. 10, 2014, 718 SCRA 228Other modes of acquiring land titlesPrivate conveyance(1) Accretion; requisitesAccretion distinguished from Alluvium; Riparian owner38. Santulan v. Executive Secretary, GR L-28021, Dec. 15, 1977, 80 SCRA 548Reason for grant of preferential right to riparian ownerDried-up river not an accretion39. Republic v. Santos III, GR 160453, Nov. 12, 2012, 685 SCRA 51Accretion not automatically registered in riparian owner’s name40. Heirs of Narvasa, Sr. v. Imbornal, GR 182908, Aug. 6, 2014, 732 SCRA 171Petition for registration of accretion equivalent to a request for confirmation of title already vested in the riparian owner41. Fernandez v. Tañada, GR L-31673, June 30, 1971, 39 SCRA 662Accretion from the sea not part of public domain42. Ignacio v. Director of Lands, GR L-12958, May 30, 1960, 108 Phil. 335**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO3	3	*(2) Involuntary alienation(3) Hereditary succession(4) ReclamationThe Spanish Law of Waters of 1866 provision on reclaimed landsReclaimed lands form part of lands of the public domainSpanish Law of Waters of 1866 vis-à-vis subsequent lawsReclamation does not amount to conversion of land to A & DInstance when reclaimed submerged areas become A & D(5) Native titleThe concept of native title43.* *Cruz v. Sec. of Environment and Natural Resources, GR 135385, Dec. 6, 2000, 347 SCRA 128Possession since time immemorial(6) Agrarian reformEmancipation Patent and Certificate of Land Ownership AwardQualifications of beneficiaries under PD 27 and RA 6657Governing laws on land titling and registration(1) Cadastral Act or Act No. 2259, as amendedCadastral surveyPublication requirement jurisdictional44.* Director of Lands v. Benitez, GR L-21368, Mar. 31, 1966, 16 SCRA 557Cadastral proceedings governed by the usual rules of practice, procedure and evidence; When cadastral decree and certificate issued45. Tan Sing Pan v. Republic, GR 149114, July 21, 2006, 496 SCRA 189Filing of answer with cadastral court corresponds to application for registration of land titleJudgment in a cadastral survey is a judicial act; decree binds all the world63. Government of the Phil. Islands v. Abural, GR 14167, Aug. 14, 1919, 39 Phil. 996(2) Public Land Act or Commonwealth Act No. 141, as amendedPresidential power to classify lands of the public domain(3) Articles 708 to 711 of the Civil Code of the PhilippinesRegistration with the RD is what divests government of title46. DBP v. CA, GR 109946, Feb. 9, 1996, 253 SCRA 414Property of the public domain is incapable of registration47. Morandarte v. CA, GR 123586, Aug. 12, 2004, 436 SCRA 213(4) Property Registration Decree or Presidential Decree No. 15291. Citizenship requirementsLands of the public domain can only be acquired by Filipino citizensPrivate lands transferrable only to qualified individuals or entities48. Borromeo v. Descallar, GR 159310, Feb. 24, 2009, 580 SCRA 175Right of Filipino citizens to lease or own alienable public landsCorporations prohibited from owning alienable public landsAliens not qualified from acquiring public and private lands; purpose of the prohibition49. Matthews v. Taylor, GR 164584, June 22, 2009, 590 SCRA 394Natural-born citizen who lost Philippine citizenship may be a transferee of private landsNatural-born citizensTransfer and involuntary salesForeign national may apply for registration of land acquired while still a Filipino citizen50. Republic v. CA, GR 108998, Aug. 24, 1994, 235 SCRA 567Laws governing land acquisition and ownership by former citizensLimitations on land ownership by former natural-born FilipinosInstances when aliens may acquire or buy lands in the PhilippinesCapacity of aliens to acquire land determined based on citizenship at the time of acquisitionLand ownership by aliens; when permitted51. Hulst v. PR Builders, Inc., GR 566, Sept. 25, 2008, 566 SCRA 333CondominiumLand administrationAgencies involved in land administration and managementLand administration functions shared by and among the agenciesSitus of executive power over disposition of public landsDENR charged with responsibility over disposition of public lands52. Espinosa v. Makalintal, GR L-1334, Aug. 29, 1947, 79 Phil. 134Powers of Director of Lands assumed by DENR Secretary pursuant to EO 192Bureau of Lands abolished and power of Director of Lands clippedAuthority of DENR to resolve conflicting claims of applicantsPower of DENR to promulgate rules and regulationsQuasi-judicial powers of DENR in disposition of public landsAuthoritativeness of decision of DENR on questions of fact and of lawDoctrine of primary jurisdiction; rationaleDecision of DENR entitled to great respect by courts53. Stolt-Nielsen Transportation Group, Inc. v. Medequillo, Jr., GR 177498, Jan. 18, 2012, 663 SCRA 291Effect of decisions of quasi-judicial agencies such as DENR54. Brillantes v. Castro, GR L-9223, June 30, 1956, 99 Phil. 497Judicial review of decisions of DENR; exception to the rule55. Ortua v. Encarnacion, GR 39919, Jan. 30, 1934, 59 Phil. 440When judicial review of administrative findings of fact by DENR may be madeCHAPTER III.PROPERTY REGISTRATIONGENERAL PROVISIONS OF THE LAND REGISTRATION CODE (PRESIDENTIAL DECREE NO. 1529, AS AMENDED)Title of the governing law on land registrationLand registrationRegistration does not correspond to title56. Republic v. CA, GR 116111, Jan. 21, 1999, 301 SCRA 366Purposes of the Property or Land Registration Law57. Benin v. Tuason, GR L-26127, June 28, 1974, 57 SCRA 531Nature of registration proceedingsJurisdiction of courts; in rem proceedingsDuty of court to furnish LRA with copies of papers and pleadingsAuthority of RTCs to hear and determine all questions58. Association of Baptists for World Evangelism, Inc. v. First Baptist Church, GR L-32621, July 29, 1987, 152 SCRA 393Instances when cadastral or land registration cases may be heard by first level courts; appellate jurisdictionDistinction between RTC’s general and limited jurisdictions eliminated by PD 152959. Ligon v. CA, GR 107751, June 1, 1995, 244 SCRA 693Land registration court (RTC) no longer restrained by its former limited jurisdiction60. Averia, Jr. v. Caguioa, GR L-65129, Dec. 29, 1986, 146 SCRA 459Plenary jurisdiction of land registration court (RTC)61. Benin v. Barque, GR 162335, Dec. 18, 2008Purpose of the rule under Section 8 of PD 152962. Cavan v. Wislizenus, GR L-24768, Jan. 21, 1926, 48 Phil. 636Systems of registration of real property or rights in the PhilippinesStatus of other pre-existing land registration systemsDiscontinuation of registration under the Spanish Mortgage LawRegistration for unregistered lands under Act 3344Act 3344, the law on recording of deeds on unregistered landsSale registered under Act 3344 not deemed a constructive notice63. Mactan-Cebu International Airport Authority v. Tirol, GR 171535, June 5, 2009, 588 SCRA 635Unregistered sale not binding on innocent third personsLoss of certificate of title over registered land; effect and remedy**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO4	4	*THE LAND REGISTRATION AUTHORITY AND ITS REGISTRIES OF DEEDSThe Land Registration Authority (LRA) and its mandateHistory of the LRA and its precursor agencies64.* Cusi v. Domingo, GR 195825, Feb. 27, 2013, 692 SCRA 277Officials of the LRAThe LRA Administrator and Deputy AdministratorsQualifications of the Administrator and Deputy AdministratorsDuties of the LRA AdministratorGeneral functions of the LRAMinisterial duty of LRA to issue decrees of registration with obligation to seek clarification from the court when in doubt65. Rodriguez v. CA, GR 184589, June 13, 2013, 698 SCRA 352Official station and jurisdiction of the Register of DeedsAppointment of RDsQualifications of RDs and Deputy RDsGeneral functions of RDs; RDs as repository of records of deeds affecting landsFunction of RD ministerial in nature66. Baranda v. Gustilo, GR L-81163, Sept. 26, 1988, 165 SCRA 757RD not duty-bound to determine validity of a document for purposes of registration67. Gabriel v. RD of Rizal, GR L-17956, Sept. 30, 1953, 9 SCRA 136RD has no power to determine validity of document68. Almirol v. The RD of Agusan, GR L-22486, Mar. 20, 1968, 22 SCRA 1152Instances when the RD may validly refuse registration of voluntary instruments and private documents69. Gallardo v. IAC, GR L-67742, Oct. 29, 1987, 155 SCRA 248Discharge of duties of RD in case of vacancyIndex system and cards with the names of all registered ownersChief Geodetic Engineer as technical adviser of LRAIII. ORIGINAL LAND REGISTRATIONORDINARY LAND REGISTRATION PROCEEDINGSAPPLICATIONS FOR LAND REGISTRATIONApplication for registration of title to land; Who may applyFiling by a single applicant or multiple applicantsSingle application for two (2) parcels of land; misjoinder70. Republic v. Herbieto, GR 156117, May 26, 2005, 459 SCRA 183Joint application of all co-ownersVendor a retro may file application71. Montiero v. Salgado, GR L-7287, Mar. 29, 1913, 27 Phil. 631Trustee may apply in representation of his principalRequirements for land registration (judicial titling)Technical descriptionLands subject to initial registrationKinds of registrable private lands72. Director of Forestry v. Muñoz, GR L-24796, June 28, 1968, 23 SCRA 1183Lands not subject to registrationSecond decree for the same land void; res judicata73. Rojas v. City of Tagaytay, 106 Phil., 512; 60 Off. Gaz., 820Proceeding in rem requiring constructive seizure by publication74. Director of Lands v. CA, GR 102858. July 28, 1997, 276 SCRA 276Instance when more certificates are issued over the same land75. Heirs of Lopez v. De Castro, GR 112905, Feb. 3, 2000, 324 SCRA 591Public land; how acquired by private persons76. Lee Hong Hok v. David, GR L-30389, Dec. 27, 1972, 48 SCRA 372Classification and disposition of lands of the public domainA & D lands of the public domain77. Fortuna v. Republic, GR 173423, Mar. 5, 2014, 718 SCRA 35Public Land Act (CA 141) a special law on public lands78. De Guzman v. CA, GR 132257, Oct. 12, 1998, 297 SCRA 743Legal modes of disposing of public landsFriar lands not part of public lands; definitionContract to sell and delivery of certificate of sale of friar land79. Manotok IV v. Heirs of Barque, GR 162335 & 162605, Aug. 24, 2010, 628 SCRA 668(1) Homestead settlementHomesteadQualifications for homestead80. Republic v. CA, GR L-42856, Jan. 27, 1981, 102 SCRA 331Married woman not allowed to have homestead; exceptionsHomestead patent a mode of acquiring title to public landsApplication requirements for homestead patentsProcedure for homestead patent applicationSigning and approving authoritySale of homestead within 5-year prohibited period deemed void81. Manzano v. Ocampo, GR L-14778, Feb. 28, 1961, 1 SCRA 691Law does not distinguish between executory and consummated salesWhen a perfected homestead is deemed a property right82. Balboa v. Farrales, GR L-27059, Feb. 14, 1928, 51 Phil. 498Certificate of title issued on the strength of a patent indefeasible one (1) year after issuance83. Ramirez v. CA, GR L-28591, Oct. 31, 1969, 30 SCRA 297Indefeasibility of a homestead patent; exception84. Ybañez v. IAC, GR 68291, Mar. 6, 1991, 194 SCRA 743(2) Sale of agricultural land via Sales Patent; requisites(3) Lease of residential, commercial and industrial landPrivate corporations or associations may only lease public lands; exception85. Director of Lands v. IAC, GR 73002, Dec. 29, 1986, 146 SCRA 509Filipino citizens may also lease or acquire public lands(4) Confirmation of imperfect or incomplete titles; judicial and administrative(a) Judicial legalization or confirmation86. Martinez v. CA, GR 170409, Jan. 28, 2008, 542 SCRA 604Acquisition and registration by private person of public landSection 14(1) of PD 1529 in relation to Section 48(b) of CA 141Section 48(b) of CA 141 distinguished from Section 14(1) of PD 1529Judicial confirmation of imperfect title; when application therefore becomes a mere formality87. Martinez v. CA, GR 170409, Jan. 28, 2008, 542 SCRA 604What must be proved by applicants for registrationAdditional proof or evidenceAll requisites must be complied with88. Republic v. Bantigue Point Development Corp., GR 162322, Mar. 14, 2012, 668 SCRA 158**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO5	5	*Proof that the land applied for is declassified from forest or timber zone to A & D propertyBurden of proving positive act of government declassifying the land rests on the applicantWhat constitutes positive act of the government89.* Secretary of DENR v. Yap, GR 167707, Oct. 8, 2008, 589 Phil. 156Survey by a geodetic engineer not a positive act of government90. Menguito v. Republic, GR 134308, Dec. 14, 2000, 348 SCRA 128Declaration by the President or DENR Secretary a positive actCENRO certification not enough91. Republic v. Hanover Worldwide Trading Corp., GR 172102, July 2, 2010, 662 SCRA 730Evidence required to establish A & D character of land92. Republic v. Santos, GR 191516, June 4, 2014, 724 SCRA 660Occupation for 30 years or more not sufficient by itself93. Republic v. Tsai, GR 168184, June 22, 2009, 590 SCRA 423Period of possession required sto acquire land through judicial conformation“Agricultural lands” under CA 141 vis-a-vis “A & D lands of the public domain” under PD 1529Length of the requisite possession amended by PD 1073Vested rights cannot be impaired by PD 107394. Balboa v. Farrales, GR L-27059, Feb. 14, 1928, 51 Phil. 498Possession construed95. See Republic v. Gielczyk, GR 179990, Oct. 23, 2013, 708 SCRA 433Possession and occupation not synonymous96. Republic v. East Silverlane Realty Development Corp., GR 186961, Feb. 20, 2012, 666 SCRA 401Required character of possession under Sec. 14(1) of PD 152997. Heirs of Arzadon-Crisologo v. Rañon, GR 171068, Sept. 5, 2007, 559 Phil. 169Mere casual cultivation does not constitute possession under claim of ownership98. Republic v. Vera, GR L-35778, Jan. 27, 1983, 120 SCRA 21What the June 12, 1945 reckoning point refers toSignificance of Section 14(2) of PD 1529Sections 14(1) and 14(2) of PD 1529 distinguishedPrescription not a mode of acquiring public land under CA 141 but one such mode under PD 1529Property of public dominion and patrimonial propertyWhen lands of the public domain become patrimonial property99. Republic v. Aboitiz, GR 174626, Oct. 23, 2013, 798 SCRA 388Ownership of patrimonial property; how acquired100. Republic v. Metro Index Realty and Development Corp., GR 198585, July 2, 2012, 675 SCRA 439Disposition of patrimonial propertySale or lease of patrimonial property under Act No. 3038 (IGPSA)101. Navy Officers’ Village Association, Inc. (NOVAI) v. Republic, GR 177168, Aug. 03, 2015Kinds of acquisitive prescription for acquisition of patrimonial propertyExpress declaration by the State needed for prescription to beginPeriod of possession to be reckoned only from the time of classification of land as patrimonial property102. Republic v. Rizalvo, GR 172011, Mar. 7, 2011, 644 SCRA 516Nature of possession required for purposes of prescriptionBurden of proving possession103. Arbias v. Republic, GR 173808, Sept. 17, 2008, 565 SCRA 582Tax declarations not competent evidence of actual possession104. Wee v. Republic, GR 177384, Dec. 8, 2009, 608 SCRA 72Proof of actual possession must accompany claim of ownership based on tax declarationTax declarations good indicators of possession105. Ganila v. CA, GR 150755, June 28, 2005, 461 SCRA 435(b) Administrative legalization or free patentFree patentQualifications of an applicant for free patentNatural-born citizenRequirement reduced to “Filipino citizens”Burden of proving “private rights;” reason for 30-year period106. Gordula v. CA, GR 127296, Jan. 22, 1998, 284 SCRA 617Procedures for application and grant of free patentRight of a holder of land under free patent; right to repurchase107. Cabacug v. Lao, GR L-27036, Nov. 26, 1970, 36 SCRA 92When free patent title is ipso facto cancelled and rendered void108. Azarcon v. Vallarta, GR L-43679, Oct. 28, 1980, 100 SCRA 450).Instance when free patent vests no title on patentee109. Ramos v. Obligado, GR 46548. June 21, 1940, 70 Phil. 86When rule on indefeasibility does not apply to free patents110. Republic v. Animus, GR L-37682, Mar. 29, 1974,56 SCRA 499(5) Townsite Reservations(6) Direct sale of residential lands under RA 730 via MSAMiscellaneous Sales Application (MSA)Basic conditions of the MSAMaximum area to be granted to an applicantRestrictions on alienation removed by PD 2004Persons qualified to apply for MSARequirements in the filing of applicationProcedure in acquiring an MSA(7) Residential Free Patent under RA 10023Qualifications of beneficiariesCoverageZoning at the time of filing of application to be consideredRemoval of restrictionsForm and contents of the application(8) Appointment of agent or representative of non-resident applicant; substitution(9) Jurisdiction lies with the RTC where the land is situatedMuniment of titleWhen submission to court of approved survey plan or blueprint copy may suffice111. Republic v. Guinto-Aldana, GR 175578, Aug. 11, 2010, 628 SCRA 210Survey planPurpose of survey plan112. Director of Lands V. CA, GR L-25723, June 29, 1984**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO6	6	*Metes and bounds of property is what defines it113.* Balantakbo v. CA, GR 108515, Oct. 16, 1995, 249 SCRA 323Metes and boundsNote on survey plan not deemed evidence to prove private title148. Republic v. Espinosa, GR 171514, July 18, 2012, 677 SCRA 92(10) Where application covers 2 or more parcels114. Republic v. Herbieto, GR 156117, May 26, 2005, 459 SCRA 183(11). Amendments to the application(12) When land applied for borders on road(13) Requirement of additional facts and papers; ocular inspectionCourt may require certain documents or reports to verify title115. SM Prime Holdings, Inc. v. Madayag, GR 164687, Feb. 12, 2009, 578 SCRA 552Ocular inspection not mandatory(14) Dealings with land pending original registrationProcedure in case property is conveyed during registration116. Government of the Phils. v. Abad, GR L-8317, May 23, 1958, 103 Phil. 725Application for registration need not be amended; requisites117. Mendoza v. CA, GR L-36637, July 14, 1978, 84 SCRA 67PUBLICATION, OPPOSITION AND DEFAULTNotice of initial hearing, publication(1) By publication(2) By mailing(3) By postingNotice of initial hearing; formatNotice of the initial hearing jurisdictional118. Po v. Republic, GR L-27443, July 19, 1971, 40 SCRA 37Purpose of publication requirement119. Republic v. CA, GR 100995, Sept. 14, 1994, 236 SCRA 442Effect of belated publicationEffect on non-publication in a newspaper of general circulation120. Director of Lands v. CA, GR 102858, July 28, 1997, 276 SCRA 276Rationale for mandatory publication requirementWhat constitutes defective notice121. Fewkes v. Vasquez, GR L-29075, June 10, 1971, 39 SCRA 514All requirements must be complied with122. Republic v. Marasigan, GR 85515, June 6, 1991, 198 SCRA 219Proof of publication and notice2. Opposition to application in ordinary proceedingsWhen submission of approved subdivision plan may be requiredOppositor should only appear to have an interest in the property123. Archbishop of Manila v. Barrio of Sto. Cristo, GR L-12981, Nov. 6, 1918, 39 Phil. 1Effect of absence of opposition124. Director of Lands v. Agustin, GR 16179, Oct. 6, 1921, 42 Phil. 227Order of default and its effectEffect of an order of default to the defendant125. C. Johnson & Son, Inc. v. CA, GR L-54040, Aug. 14, 1990, 188 Phil. 579Defendant declared in default may still appeal from the judgment by default but on limited groundsGrounds for appeal by party declared in default126. Arquero v. CA, GR 168053, Sept. 21, 2011, 658 SCRA 70Order of general default deemed issued in land registration cases127. Heirs of Lopez, Sr. v. Enriquez, GR 146262, Jan. 21, 2005, 449 SCRA 173Motion to lift of the Order of default; proper party and procedure128. Estiva v. Alvero, GR 11887, Jan. 28, 1918, 37 Phil. 498Failure of oppositor who filed answer to appear in initial hearing not a ground for default129. Director of Lands v. Santiago, GR L-41278, Apr. 15, 1988, 160 SCRA 186Appeal not an ample remedy for party unlawfully declared in default130. Omico Mining and Industrial Corp. v. Vallejos, GR L-38974, Mar. 25, 1975, 63 SCRA 285HEARING JUDGMENT AND DECREE OF REGISTRATIONSpeedy proceedings; Reference to a refereePartial judgmentWhen judgment should be rendered by the court131. Ramos v. Rodriguez, GR 94033, May 29, 1995, 244 SCRA 418Duty of LRA to render reports may extend after finality of court’s judgment132. Gomez v. CA, GR 77770, Dec. 15, 1988, 168 SCRA 491Court’s duty where there is an adverse claimant or none133. Tirona v. Nañawa, GR L-22107, Sept. 30, 1967, 21 SCRA 395Remedies before judgment becomes final(a) Motion for reconsideration; groundsEffect of denial of the motion for reconsideration134. Neypes v. CA, GR 141524, Sept. 14, 2005, 469 SCRA 633“Fresh period” or the “Neypes rule”Neypes rule does not apply to non-appealable ordersEffect of grant of the motion for reconsideration135. Esquivel v. Alegre, GR 79425, Apr. 17, 1989, 172 SCRA 315Court action when issues in a motion for reconsideration are severableRemedy when motion for reconsideration is denied; second motion barredRemedy from an order denying a motion for new trial(b) Motion for new trial; groundsRequisites of newly-discovered evidenceWhen to file a motion for new trial136. Destileria Limtuaco v. CA, GR L-63053, July 22, 1986, 143 SCRA 92**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO7	7	*Effect of denial of a motion for new trial137.* Francisco v. Puno, 108 SCRA 427Effect of grant of a motion for new trial(c) Appeal from judgmentModes of appealIssues to be raised on appealPeriod for filing an appealRight to appeal a mere statutory privilege138. Stolt-Nielsen v. NLRC, GR 147623, Dec. 13, 2005, 477 SCRA 516Judgments or orders from which appeals may be taken4. When does judgment become finalDuty to cause issuance of decree of registrationFinal judgment constitutes res judicata against the whole world139. Ting v. Heirs of Lirio, GR 168913, Mar. 14, 2007, 518 SCRA 334Res judicataRequisites for res judicata to serve as absolute bar to new actionLand title not finally adjudicated until after the lapse of one (1) year from issuance of decree of registration140. Laburada v. LRA, GR 101387, Mar. 11, 1998, 287 SCRA 333Remedies after judgment becomes final(a) Reliefs from judgments, orders and other proceedings141. Trust International Paper Corp. v. Pelaez, GR 164871, Aug. 22, 2006, 499 SCRA 552Provisional remedy available to preserve the rights of the partiesGrounds for petition for relief from judgmentTime to file petitionAffidavits to be annexed to the petitionPetition for relief from judgment; when allowed142. Dela Cruz v. Andres, GR 161864, Apr. 27, 2007, 522 SCRA 585(b) Annulment of judgments, or final orders and resolutions; grounds143. Diona v. Balangue, GR 173559, Jan. 7, 2013, 688 SCRA 22Ground for annulment of judgmentAnnulment of judgment; when availablePeriods to file action144. Galicia v. Manliquez, GR 155785, Apr. 13, 2007, 521 SCRA 85Annulment of judgment an independent remedy145. Bulawan v. Aquende, GR 182819, June 22, 2011, 652 SCRA 585When extrinsic fraud not a valid ground for annulment of judgmentLack of jurisdiction as ground for annulment of judgmentLack of jurisdictionEffects of annulment of judgment(c) Petition for Certiorari (Special Civil Action)Writ of certiorari; when and for what purpose issued146. Land Bank of the Phils. v. CA, GR 129368, Aug. 25, 2003, 409 SCRA 455Requisites for availment of remedy of certiorari(d) Petition for reopening and review of the decree of registrationPetition under Section 32 of PD 1529; when and by whom filed147. Gomez v. CA, GR 77770, Dec. 15, 1988, 168 SCRA 491Petition for review must be by motion in same proceeding where decree was issued148. Baldoz v. Papa, GR L-18150, July 30, 1965, 14 SCRA 691Elements for allowance of reopening or review of decree149. Libudan v. Gil, GR L-21163, May 17, 1972, 45 SCRA 17Petitioner or movant need not be original claimant150. v. Ybañez, GR L-6103, Apr. 17, 1953, 92 Phil. 911Purpose in giving aggrieved parties a chance to review the decree151. Rublico v. Orellana, GR L-26582, Nov. 28, 1969, 30 SCRA 511Only those fraudulently deprived of their opportunity to be heard in the original registration case may file petition for review152. Crisolo v. CA, GR L-33093, Dec. 29, 1975, 68 SCRA 435.Petition may be filed any time after rendition of court’s decision153. Rivera v. Moran, GR L-24568, Mar. 2, 1926, 48 Phil. 836Decree of registration; contentsDecree conclusive against all personsPeriod when court may reopen proceedings; Ground for review154. Lopez v. Padilla, GR L-27559, May 18, 1972, 45 SCRA 44Review of decree of registration; when decree no longer reviewableReview of decree of registration under the jurisdiction of the RTCTitle deemed not finally adjudicated before entry of decree and lapse of one (1) year from its entry by the LRA155. Gomez v. CA, GR 77770, Dec. 15, 1988, 168 SCRA 491Innocent purchaser for value (IPV), buyer in good faith156. Yared v. Tiongco, GR 161360, Oct. 19, 2011, 659 SCRA 545Protection accorded by law to an IPV157. Peralta v. Abalon, GR 183448, June 30, 2014, 727 SCRA 477Buyer in bad faith not protected by registration of sale158. Lu v. Manipon, GR 147072, May 7, 2002, 381 SCRA 788Holder in bad faith of certificate of title not protected by law; case of double sale159. Baricuatro Jr. v. CA, GR 105902, Feb. 9, 2000, 325 SCRA 137Governing principle in double sale160. Olivares v. Gonzales, GR L-34500, Mar. 18, 1988, 159 SCRA 33**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO8	8	*Forged deed does not divest registered owner of title161.* Soliven v. Francisco, GR L-48974, Nov. 29, 1989, 170 SCRA 218Forged deed may be the root of a valid title162. Lim v. Chuatoco, GR 161861, Mar. 11, 2005, 453 SCRA 308Period from issuance of decree to question its validityIndefeasibility of decree of registration163. Eduarte v. CA, GR 105944, Feb. 9, 1996, 323 Phil. 462Rationale for the rule on indefeasibility of title164. Ingusan v. Heirs of Reyes, GR 142938, Aug. 28, 2007, 531 SCRA 315Instance when the rule on indefeasibility will not apply165. Ferrer v. Bautista, GR 46963, Mar. 14, 1994, 231 SCRA 257Void certificate of title166. Heirs of Simplicio Santiago v. Heirs of Mariano Santiago, GR 151440, June 17, 2003, 404 SCRA 193Rule on indefeasibility applies also to homestead and free patents167. Iglesia ni Cristo v. CFI of Nueva Ecija, GR L-35273, July 25, 1983, 123 SCRA 516Requisites for the availment of the remedy of petition for review168. Serna v. CA, GR 124605, June 18, 1999, 308 SCRA 527Finality an essential feature of a Torrens certificate of title169. Broce v. Apurado, GR 8416, Jan. 27, 1914, 26 Phil. 581One-year period starts to run from the date of entry of decree170. Gomez v. CA, GR 77770, Dec. 15, 1988, 168 SCRA 491Petition may already be filed after rendition of court’s decision171. Rivera v. Moran, GR 24568, Mar. 2, 1926, 48 Phil. 836.One-year period reckoned not from court’s decision but from issuance of decree by the LRA Administrator172. Ramos v. Rodriguez, GR 94033, May 29, 1995, 244 SCRA 418Petition for review under Section 32 of PD 1529 separate and distinct from Motion for new trialDeprivation must be through actual or extrinsic fraud173. Manila v. Abila, GR L-26781, Feb. 28, 1977, 75 SCRA 267Actual and constructive fraud174. Heirs of Roxas v. CA, GR 118436, Mar. 21, 1997, 270 SCRA 309Extrinsic and intrinsic fraudSection 32 of PD 1529 considers only extrinsic or collateral fraud175. Republic v. Guerrero, GR 133168, Mar. 28, 2006, 485 SCRA 424Inquiry into intrinsic fraud barred after judgment176. Tichangco v. Enriquez, GR 150629, June 30, 2004, 433 SCRA 324Remedies available after the one-year contestability period(a) Action for damagesMoral and exemplary damages where a person committed fraud in obtaining title177. Valenzuela v. Sps. Mano, GR 172611, July 9, 2010, 624 SCRA 664(b) Action for reconveyanceReconveyance178. Lacorte v. CA, GR 124574, Feb. 2, 1998, 286 SCRA 24Transfer of title wrongfully registered is what is sought in an action for reconveyance179. Pasio v. Monterroyo, GR 159494, July 31, 2008, 560 SCRA 739Action for reconveyance governed by Article 434 of Civil Code180. Hutchison v. Buscas, GR 158554, May 26, 2005, 459 SCRA 214Requirements that must concur to warrant reconveyance of land181. New Regent Sources, Inc. v. Tanjuatco, Jr., GR 168800, Apr. 16, 2009, 585 SCRA 329**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO9	9		Midterm Examination	Library Computer/ Internet Books/Case Laws	Checking and Grading of Midterm Examination Answer Booklets Submission of Midterm Grades
LO10	10	*Action for reconveyance may be barred by prescriptionReconveyance based on implied trust prescribes in 10 years182.* *Walstrom v. Mapa, Jr., GR L-38387, Jan. 29, 1990, 181 SCRA 431Exception to 10-year prescriptive period183.* *Heirs of Valientes v. Ramas, GR 157852, Dec. 15, 2010, 638 SCRA 444Possession must be in the concept of an owner184.* *Tan v. CA, GR 125861, Sept. 9, 1998, 295 SCRA 247Essential condition for resort to action for reconveyance185.* *Lucena v. CA, GR L-77468, Aug. 25, 1999, 313 SCRA 47Right of innocent mortgagee for value186.* *Rural Bank of Sariaya, Inc. v. Yacon, GR L-78011, July 5, 1989, 175 SCRA 62What constitutes fraud that would give ground for reconveyance187.* *National Grains Authority v. IAC, GR 68741, Jan. 28, 1988, 157 SCRA 380When action for reconveyance may be barred by laches188.* *Declaro v. CA, GR 119747, Nov. 27, 2000, 346 SCRA 57).LachesNature of action for reconveyance based on a fictitious deed189.* PNB v. Heirs of Militar, GR 164801, Aug. 18, 2005, 467 SCRA 377Twin reliefs sought in action for reconveyance190. Linzag v. CA, GR 122181, June 26, 1998, 291 SCRA 304Action for reconveyance not aimed at reopening registration proceeding191. Rodriguez v. Toreno, GR L-29596, Oct. 14, 1977, 76 SCRA 356Remedy of owner deprived of his land when reconveyance is no longer available192. Delos Reyes v. CA, GR 121468, Jan. 27, 1998, 285 SCRA 81(c) Recovery Against the Assurance FundAction for compensation from Assurance Fund; when filed193. Heirs of Roxas v. Garcia, GR 146208, Aug. 12, 2004, 436 SCRA 253Purpose of the Assurance Fund194. Loewenstein v. Page, GR L-5599, Mar. 22, 1910, 16 Phil. 84Suppletory application of the Rules of CourtOther remedies(a) Cancellation of titleAction for declaration of nullity of free patent and certificate of title; real party in interest195. Heirs of Kionisala v. Heirs of Dacut, GR 147370, Feb. 27, 2002, 378 SCRA 206Grounds for cancellation of patent and annulment of title196. Republic v. Mangotara, GR 170375, 170505 & 173355-56, July 7, 2010, 624 SCRA 360(b) Reversion under Section 101 of CA 141Reversion197. Republic v. Roxas, GR 157988, Dec. 11, 2013Objective of reversion suit198. Cawis v. Cerilles, GR 170207, Apr. 19, 2010, 618 SCRA 357Action for reversion; where properInstances when remedy of reversion may be resorted to199. Republic v. Roxas, GR 157988,. Dec. 11, 2013Only the State can institute reversion proceedings200. Cawis v. Cerilles, GR 170207, Apr. 19, 2010, 618 SCRA 357Instance when certificate of title may be cancelled and property subject thereof reverted to the government201. Garingan v. Garingan, GR 144095, Apr. 12, 2005, 455 SCRA 480Public land fraudulently included in patents subject of reversion202. Reyes v. CA, GR 94524, Sept. 10, 1998, 295 SCRA 296Action for reversion distinguished from action for declaration of nullity of free patent and certificate of title203. Heirs of Kionisala v. Heirs of Dacut, GR 147370, Feb. 27, 2002, 378 SCRA 206Real party in interest in reversion proceedings**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO11	11	*(c) Quieting of title; definition204.* Heirs of Toring v. Heirs of Boquilaga, GR 163610, Sept. 27, 2010Action to quiet title a suit quasi in rem205. Foster-Gallego v. Galang, GR 130228, July 27, 2004, 435 SCRA 275Twin requisites for quieting of title206. Eland Philippines, Inc. v. Garcia, GR 173289, Feb. 17, 2010, 613 SCRA 66Proper party in an action to quiet title207. Portic v. Cristobal, GR 156171, Apr. 22, 2005, 496 Phil. 456Suit to quiet title to property occupied by plaintiff does not prescribe208. Faja v. CA, GR L-45045, Feb. 28, 1977, 75 SCRA 441(d) Criminal action for perjuryPerjuryElements of perjury209. Diaz v. People, GR 65006, Oct. 31, 1990, 191 SCRA 863.2 CADASTRAL REGISTRATION PROCEEDINGS1. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION, SURVEY AND NOTICESNature of cadastral proceeding210. Republic v. Vera, GR L-35778, Jan. 27, 1983, 120 SCRA 210Subject matter of cadastral proceedings211. Government of the Phil. Islands v. Municipality of Binalonan, GR 8243, Dec. 24, 1915, 32 Phil. 634Limited jurisdiction of cadastral court over registered lands212. Pamintuan v. San Agustin, GR L-17943, June 22, 1922, 43 Phil. 558Cadastral survey to identify lots prior to proceedings in court213. Director of Lands v. CA, GR L-58867, June 22, 1984, 129 SCRA 689A.1 Cadastral survey preparatory to filing of petitionSubmission of survey plan214. Republic v. Vera, GR L-35778, Jan. 27, 1983, 120 SCRA 210Survey plan not evidence of title215. Director of Lands v. Heirs of Carolino, GR L-61598, Dec. 12, 1985, 140 SCRA 396PETITION; LOT NUMBERSB.1 Petition for registrationContents of the petitionPurpose of requiring technical description in the notice216. Viewmaster Construction Corp. v. Maulit, GR 136283, Feb. 29, 2000, 326 SCRA 821Contents of the plan; lots and cadastral numbersANSWERC.1 Answer to petition in cadastral proceedingForm and contents of AnswerHEARING; JUDGMENT; DECREED.1 Hearing, judgment and decree of registrationSUMMARY OF REGISTRATION REQUIREMENTS AND PROCEDURESSurvey of the land and approval of the survey planDuties of the surveyors or geodetic engineers217. Francisco v. CA, GR L-35787, Apr. 11, 1980, 97 SCRA 22Survey Order and Survey AuthorityConditions under which Survey Authority is issuedDENR to approve survey plansTypes of surveyCadastral surveys; what they includePurposes of cadastral surveysIsolated surveysCadastre and cadastral survey2. Filing of the application for registrationWhere to file application; form required and muniments of titleSupporting documentsContents of applicationFull names and addresses of all occupants of the land and those of the adjoining owner required218. Francisco v. Rojas, GR 167120, Apr. 23, 2014, 723 SCRA 423Extent of searchTracing cloth plan; purpose of the requirement219. Del Rosario v. Republic, GR 148338, June 6, 2002, 383 SCRA 262Alternative to original tracing cloth plan220. Republic v. Hubilla, GR 157683, Feb. 11, 2005, 451 SCRA 181Application may include two (2) or more parcels of landAmendments to the application221. M. Tuason & Co., Inc. v. Torres, GR L-24559, July 22, 1981, 105 SCRA 653New publication requirement; purpose222. Juan v. Luis, GR 24701, Aug. 25, 1926, 49 Phil. 252Instance when new publication not needed223. Benin v. Tuason, GR L-26127, June 28, 1974, 57 SCRA 531Required statement when land applied for borders on roadRequirement of additional facts and papers; ocular inspectionFailure to mention names of minor’s guardians in application for registration does not invalidate title224. Tichangco v. Enriquez, GR 150629, June 30, 2004, 433 SCRA 324Transmittal of the copy of the application to the LRA**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO12	12	*Duties of clerk of courtLRA to report to court errors or deficiencies in application*4. Setting the date of the initial hearing5. Notice of application and initial hearing(a) Publication of noticePurpose and effects of publication(b) Mailing of notice(c) Posting of noticeNotice; to whom addressed; contentsNotice by mailing and by posting not dispensed with by Sec. 23225. Republic v. Marasigan, GR 85515, June 6, 1991, 198 SCRA 219Effect of defective publication226. Republic v. CA, GR 103746, Feb. 9, 1993, 218 SCRA 773Service of notices upon contiguous owners, occupants, etc.Effect of deliberate failure of the applicant to give notice227. Divina v. CA, GR 117734, Feb. 22, 2001, 352 SCRA 527Filing of answer or objection to the applicationRequisites for a valid answerOpposition must be based on dominical or real right228. Leyva v. Jandoc, GR L-16965, Feb. 28, 1962, 4 SCRA 595Solicitor General empowered to file opposition for the StateOrder of general defaultEffect of failure to file answer or opposition229. De los Reyes v. Paterno, GR 10680, Mar. 27, 1916, 34 Phil. 420Order of special defaultEffect of order of default230. Santos, Jr. v. PNOC Exploration Corp., GR 170943, Sept. 23, 2008, 566 SCRA 272)Service upon party in defaultRelief from order of default8. Hearing and presentation of evidenceReference to a refereeCourt’s action on referee’s reportFactual evidence of possession and title required231. Republic v. CA, GR L-62680, Nov. 9, 1988, 167 SCRA 150What the applicant must prove before the court232. Lasam v. Director of Lands, GR 42859, Mar. 17, 1938, 65 Phil. 3679. Promulgation of judgment by the courtJudgment confirming titleJudgment dismissing the case without prejudice233. Ng Sam Bok v. Director of Lands, GR L-11988. Dec. 22, 1958, 104 Phil. 965Import of the term “without prejudice”Purpose and effect of the term “without prejudice”10. Court order for LRA to issue decree of registration11. Issuance and entry of decree of registration by LRAOriginal Certificate of Title (OCT); form and contents234. Sotto v. Sotto, GR L-17768, Sept. 1, 1922, 43 Phil. 688Period for LRA to issue decree of registration12. Sending of copy of the decree of registration to RD13. Transcription of certificate of title in registry bookCERTIFICATE OF TITLE14. Preparation of decree and certificate of titlePD 1529 contains no provision on execution of final judgments; Rationale235. Republic v. Nillas, GR 159595, Jan. 23, 2007, 512 SCRA 286Provision of the Rules of Court on enforcement of judgment does not apply to special proceedings such as land registration236. Ana v. Menla, GR L-15564, April 29, 1961, 111 Phil. 947Procedure after judgment and before issuance of certificate of titleNo additional burden to be imposed on the owner after judgmentPost-judgment remedy to recover possession of landContempt not available in case of refusal of defeated party to vacate despite writ of possession237. Rom v. Cobadora, GR L-24764, July 17, 1969, 128 SCRA 758Instance when losing party may be punished for contempt238. Chinese Commercial Property Co. v. Martinez, GR L-18565, Nov. 30, 1962, 6 SCRA 848Special order for removal of improvement (writ of demolition)239. Guevara v. Laico, GR 44057, Feb. 27, 1937, 64 Phil. 144Writ of demolition a complement of writ of possession240. Marcelo v. Mencias, GR 15609, Apr. 29, 1960, 107 Phil. 1071Land registration court empowered to issue all auxiliary writsIssuance of decree of registration after judgment not a ministerial act241. Laburada v. Land Registration Authority, GR 101387, Mar. 11, 1998, 287 SCRA 333Issuance of decree not compellable by mandamus242. Go v. CA, GR 120040, Jan. 29, 1996, 252 SCRA 564Certificate of title as evidence of an indefeasible title, ownership243. Naval v. CA, GR 167412, Feb. 2, 2006, 483 SCRA 102Tax declarations cannot prevail over a certificate of title244. Heirs of Vencilao, Sr. v. CA, GR 123713, Apr. 1, 1998, 288 SCRA 574Entry of Original Certificate of Title (OCT)Owner’s duplicate certificate of title**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO13	13	*Owner is entitled to possess duplicate certificate of title245.* El Director de Terrenos contra Abachin, GR 47965, June 13, 1941, 72 Phil. 326Registration BooksOCT; when issued and when to take effect246. Manotok Realty, Inc. v. CLT Realty Development Corp., GR 123346, Nov. 29, 2005, 476 SCRA 305Distinction between entry of decree and entry of certificate of title247. Antiporda v. Mapa, GR 34118, Oct. 28, 1930, 55 Phil. 89Process leading to the issuance of owner’s duplicate OCTTransfer Certificate of Title (TCT)Facts required to be shown in the TCTRequirements for land transfer and issuance of TCTStatutory liens affecting titleClean title, lien and encumbrance248. Casimiro Development Corp. v. Mateo, GR 175485, July 27, 2011, 654 SCRA 676Examples of encumbrancesLien distinguished from notice of lis pendens249. People v. RTC of Manila, GR 81541, Oct. 4, 1989, 178 SCRA 299Statement of personal circumstances in the certificateWhen property subject of certificate is deemed conjugal or not250. Calalang-Parujan v. Calalang-Garcia, GR 184148, June 9, 2014, 725 SCRA 402General incidents of registered landGeneral incidents of registered landRegistered land not subject to prescription nor adverse possession251. Atun v. Nunez, GR L-8018, Oct. 26, 1955, 97 Phil. 762Prescription also not applicable to heirs of registered owners252. Barcelona v. Barcelona, GR L-9014, Oct. 31, 1956, 100 Phil. 251Purpose of registration under the Torrens system is to quiet titleRight to recover by registered owner not barred by prescription253. Alfonso v. Pasay City, GR L-12754, Jan. 30, 1960, 106 Phil. 1017Adverse possession ineffectual against registered land254. Tuason & Co., Inc. v. Bolaños, GR L-4935, May 28, 1954, 95 Phil. 106Torrens certificates of title immune from a collateral attack255. Gabriel, Jr. v. Crisologo, GR 204626, June 9, 2014, 725 SCRA 528Collateral attack and direct attack; distinctionsTorrens title may only be attacked in a direct proceeding256. Lagrosa v. CA, GR 115981-82, Aug. 12, 1999, 312 SCRA 298When Torrens title become incontrovertible257. Carvajal v. CA, GR 98328, Oct. 9, 1997, 345 Phil. 592Remedy after the one-year periodOwnership different from certificate of titleAction for reconveyance as a remedyWhat an action for reconveyance seeks and when may it be availed ofSplitting or consolidation of titlesSubdivision and consolidation plansRegistration of simple or complex subdivision plan; provision on non-closure of streets, waterways, open space, etc.Approval by LRA of consolidation planLRA cannot increase the area covered by certificate of titleSection 50 of PD 1529 does not apply to public thoroughfares258. Republic v. Ortigas and Co. Partnership Limited, GR 171496, Mar. 3, 2014, 717 SCRA 601Delineated roads will remain private at owner’s option259. Republic v. Ortigas and Co. Partnership Ltd., GR171496, Mar. 3, 2014, 717 SCRA 601Government cannot take private property for private use260. Sindalan v. CA, GR 150640, Mar. 22, 2007, 518 SCRA 649Section 50 not a license to disregard right to just compensation261. Manapat v. CA, GR171496, Mar. 3, 2014, 717 SCRA 601**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO14	14	*SUBSEQUENT REGISTRATION5.1 VOLUNTARY DEALINGS WITH REGISTERED LANDS: GENERAL PROVISIONSVoluntary dealingsConveyance and other dealings by registered ownerRegistration as the operative act to convey or affect the landUnregistered sale of land cannot bind third parties262.* *Bulaong v. Gonzales, GR 156318, Sept. 05, 2011, 656 SCRA 666Registered mortgage inferior to that of unregistered sale263.* *Reyes v. De Leon, GR L-22331, June 6, 1967, 126 Phil 710Encumbrances not shown on the certificate cannot bind nor prejudice third persons264.* *Bass v. De la Rama, GR L-47662, Sept. 30, 1942, 73 Phil. 682Preference accorded to registered levy on attachment or execution265.* *Calalang v. Register of Deeds, GR 76265, Apr. 22, 1992, 208 SCRA 215Levy creates a continuing lien on land subject thereof266.* *Valdevieso v. Damalerio, GR 133303, Feb. 17, 2005Validity of execution sale retroacts to date of levy267.* *First Integrated Bonding& Insurance Co., Inc. v. CA, GR 119577, Aug. 28, 1996, 261 SCRA 203Constructive notice upon registrationRegistration deemed a constructive notice to the whole world268.* G Holdings, Inc. v. National Mines and Allied Workers Union Local 103 (NAMAWU), GR 160236, Oct. 16, 2009, 604 SCRA 73Registration269. Agricultural Credit Cooperative Association of Hinigaran v. Yusay, GR L-13313, Apr. 28, 1960, 107 Phil. 791Purpose of registration is merely to give notice270. Autocorp Group and Autographics, Inc. v. CA, GR 157553, Sept. 8, 2004, 437 SCRA 678Purpose and effects of registering instruments271. Saberon v. Ventanilla, Jr., GR 192669, Apr. 21, 2014, 777 SCRA 287Voluntary and involuntary instruments272. Villasor v. Camon, R-CA 8551, June 29, 1951, 89 Phil. 404Requisites for registration of voluntary and involuntary instrumentsVoluntary and involuntary registration distinguished273. Levin v. Bass, GR L-4340, May 28, 1952, 91 Phil. 420Execution sale retroacts to date of levy as entered in the day book274. Caviles, Jr. v. Bautista, GR 102648, Nov. 24, 1999, 319 SCRA 24Presentation of owner’s duplicate upon entry of new certificateProduction of owner’s duplicate conclusive authority from ownerWhen registration retroacts to date of entry in RD’s day book275. Ramirez v. Causin, GR L-10794, July 31, 1957, 101 Phil. 1009Subsequent registration procured by fraud deemed voidInstances when a forged deed may be the root of a valid title276. Inquimboy v. Vda. De Cruz, GR L-13953, July 26, 1960, 108 Phil. 1054Original owner of registered land may seek annulment of transfer thereof grounded on fraud but subject to right of IPV277. De Santos v. IAC, GR L-69591, Jan. 25, 1988, 157 SCRA 295Dealings less than ownership; how registeredGrantee’s name, nationality, etc., to be statedChange in the residence or postal address of granteeNotices and processes to be served by mail to the given addresses6. Primary Entry Book; fees; certified copiesPrimary entry book or Day bookManner of presentation and entry of deeds and instrumentsRecords of registered land open to publicInstrument subject of primary entry deemed registered from time noted pending annotation of memorandum thereof in the title278. DBP v. Acting RD of Nueva Ecija, UDK 7671, June 23, 1988, 162 SCRA 450Entry alone produces the effect of registration279. Levin v. Bass, GR L-4340 to 4346, May 28, 1952, 91 Phil. 420Late annotation of levy on certificate does not diminish its efficacy280. Villasor v. Camon, R-CA 8551, June 29, 1951, 89 Phil. 404CONVEYANCES AND TRANSFERSA.1 Procedure in registration of conveyancesA.2 Procedure where conveyance involves portion of landAnnotation of deed pending entry of transfer certificateAnnotation of subsequent deed prior to approval of plan not allowedRD’s action upon approval of the plan and technical descriptionsGrantor’s options where land has been subdivided into several lotsA.3 Carryover of encumbrancesRD’s ministerial duty to carry over encumbrances to certificates281. Saberon v. Ventanilla, Jr., GR 192669, Apr. 21, 2014, 777 SCRA 287**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO15	15	*MORTGAGES AND LEASESB.1 Mortgage or lease of registered landMortgageLease*Issuance of mortgagee’s or lessee’s duplicate certificate of title discontinuedB.2 Registration of the deed of mortgage or leaseB.3 Discharge or cancellation of mortgage or lease282. PCSO v. New Dagupan Metro Gas Corp., GR 173171, July 11, 2012, 676 SCRA 156B.4 Foreclosure of mortgage; definition283. Selegna Management and Development Corp. v. UCPB, GR 165662, May 3, 2006, 489 SCRA 125(a) Judicial foreclosure of mortgageFinal order of the court confirming the saleWhere there is no right of redemptionWhere right of redemption existsRedemption period for registered foreclosed property284. Metropolitan Bank and Trust Co. v. Tan, GR 178449, Oct. 17, 2008, 569 SCRA 814General rule in redemption; intent must be coupled with payment285. BPI Family Savings Bank, Inc., v. Sps. Veloso, GR 141974, Aug. 9, 2004, 436 SCRA 1Remedy in case of disagreement over redemption price286. Banco Filipino Savings and Mortgage Bank v. CA, GR 143896, July 8, 2005, 463 SCRA 64Certificate or deed of redemption in case of redemptionFinal deed of sale in case of non-redemption(b) Extrajudicial foreclosure of mortgageCertificate of saleCertificate or deed of redemption in case of redemptionLaws governing extrajudicial foreclosureFinal deed of sale or sworn statement in case of non-redemptionPurchaser in foreclosure sale may seek possession of property sold287. China Banking Corp. v. Lozada, GR 164919, July 4, 2008, 557 SCRA 177Petition for issuance of writ of possession through ex parte motion288. Metropolitan Bank and Trust Co. v. Bance, GR 167280, Apr. 30, 2008, 553 SCRA 507Ministerial duty of the court to issue writ of possession289. Metropolitan Bank and Trust Co. v. Tan, GR 159934, June 26, 2008, 555 SCRA 502Purchaser entitled to writ of possession despite pendency of annulment or foreclosure suit290. Fernandez v. Espinoza, GR 156421, Apr. 14, 2008, 551 SCRA 136When right of purchaser to possession becomes absoluteWrit of possession; when issued291. 680 Home Appliances, Inc. v. CA, GR 206599, Sept. 29, 2014, 737 SCRA 127Instance when issuance of writ of possession ceases to be ex-parte292. Okabe v. Saturnino, GR 196040, Aug. 26, 2014, 733 SCRA 652Court order granting petition for writ of possession a final orderInadequacy of price at foreclosure sale does not nullify sale293. New Sampaguita Builders Construction Inc. v. PNB, GR 148753, July 30, 2004, 435 SCRA 565Remedy where proceeds of sale insufficient to cover debt294. BPI Family Savings Bank, Inc. v. Avenido, GR 175816, Dec. 7, 2011, 661 SCRA 758Conditions when writ against foreclosure of mortgage may be issuedCertificate of sale in a foreclosure sale does not transfer ownership295. Supreme Transliner, Inc. v. BPI Family Savings Bank, Inc., GR 165617, Feb. 25, 2011, 644 SCRA 59Certificate of sale and Deed of absolute sale distinguished296. Gonzalez v. Calimbas, GR L-27878, Dec. 31, 1927, 51 Phil. 355Annotation of certificate of sale a ministerial duty of RD297. Autocorp Group v. CA, GR 157553, Sept. 08, 2004, 437 SCRA 678POWERS OF ATTORNEY; TRUSTSC.1 Power of attorneySpecial Power of Attorney (SPA)Powers of attorney construed298. Woodchild Holdings, Inc. v. Roxas Electric and Construction Co., Inc., GR 140667, Aug. 12, 2004, 436 SCRA 235TrustC.2 Trusts in registered landC.3 Trust with power of sale, etc.; how expressedC.4 Judicial appointment of new trusteeC.5 Implied trusts; how establishedImplied trustResulting and constructive trust construedExpress trust and implied trust distinguished5.2 INVOLUNTARY DEALINGSInvoluntary dealingsAttachments or judicial writs, orders or processesAttachment299. Sievert v. CA, GR 84034, Dec. 22, 1988, 168 SCRA 692Purpose and function of an attachment300. Salgado v. CA, GR L-55381, Mar. 26, 1984, 128 SCRA 395Adverse claimStatement of claims; how registeredForm and contents of statementPeriod of effectivity of adverse claimDuty of RD to record adverse claim ministerial301. Gabriel v. RD of Rizal, GR L-17956, Sept. 30, 1963, 9 SCRA 136Purpose of annotating adverse claim on certificate of title302. Arrazola v. Bernas, GR L-29740, Nov. 10, 1978, 86 SCRA 279Cancellation of the adverse claim; how made and by whomWhat constitutes as adverse claim under Section 70 of PD 1529303. Cathay Metal Corp. v. Laguna West Multi-Purpose Cooperative, Inc., GR 172204, July 2, 2014, 728 SCRA 48230-day effectivity of adverse claim construed304. Sajonas v. CA, GR 102377, July 5, 1996, 285 SCRA 79Cancellation of adverse claim still necessary to render it ineffectiveRationale for requirement of hearing; second adverse claim barredCertain easement need not be annotated as adverse claim305. Castro v. Monsod. GR 183719, Feb. 2, 2011, 641 SCRA 486Surrender of certificate in involuntary dealingsWhere a court order is needed to compel surrender of certificate306. RD, Pasig, Rizal v. Heirs of Caiji, GR L-7261, May 11, 1956, 99 Phil. 25**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO16	16	*Provisions of Sections 69 and 71 of PD 1529 distinguished307.* The Phil. Cotton Corp. v. Gagoomal, GR 130389, Feb. 11, 2008, 544 SCRA 185Dissolution, etc. of attachments, etc.Registration of orders of court, etc.Enforcement of liens on registered landAct of registration of deed of conveyance is what gives effect to the conveyance and binds the land308. Agbulos v. Alberto, GR L-17483, July 31, 1962, 5 SCRA 790Application for new certificate upon expiration of redemption period; Period to annul or impeach the proceedingsRelief under Section 75 of PD 1529 may only be granted when there is unanimity of the parties or there is no adverse claim309. Tangunan v. Republic, GR L-5545, Dec. 29, 1953, 94 Phil. 171Notice of lis pendens; where properLis pendens310. Rehabilitation Finance Corp. v. Morales, GR L-10064, Apr. 23, 1957, 101 Phil. 171Nature and effects of a notice of lis pendens311. Baranda v. Gustilo, GR 81163, Sept. 26, 1988, 165 SCRA 757Notice of lis pendens may also involve actions dealing with use or occupation of property312. Viewmaster Construction Corp. v. Maulit, GR 136283, Feb. 29, 2000, 326 SCRA 821Other applications of the notice of lis pendens313. Villanueva v. CA, GR 117108, Nov. 5, 1997, 281 SCRA 298Notice of lis pendens not a lien or encumbrance but a mere notice314. People v. RTC of Manila, GR 81541, Oct. 4, 1989, 178 SCRA 299Property which may validly be covered by notice of lis pendensNotice of lis pendens a mere notice to third parties and creates no lien thereon315. People v. RTC of Manila, GR 81541, Oct. 4, 1989, 178 SCRA 299Cancellation of notice of lis pendens before final judgmentCancellation of notice after final judgment in favor of defendantGeneral rule on cancellation of notice of lis pendensGrounds for cancellation of notice of lis pendens316. Romero v. CA, GR 142406, May 16, 2005, 458 SCRA 483What the notice of lis pendens need not contain317. Villanueva v. CA, GR 117108, Nov. 5, 1997, 281 SCRA 298Notice of lis pendens does not create a right or lien318. Somes v. Government of the Phil. Islands, GR L-42754, Oct. 30, 1935, 62 Phil. 432Notice of lis pendens and adverse claims not contradictory319. Doronila Resources Dev., Inc. v. CA, GR L-42956-57, Jan. 12, 1988, 157 SCRA 26REGISTRATION OF JUDGMENTS, ORDERS AND PARTITIONSJudgment for the PlaintiffJudgment adjudicating ownershipExecution of deed by virtue of judgmentJudgment of partitionRegistration of prior registered mortgaged or lease on partitioned propertyNotice of insolvencyJudgment or order vacating insolvency proceedingsLand taken by eminent domainExtrajudicial settlement of estateFiling of letters of administration and willDealings by administering subject to court approval.Land devised to executorWhen executor empowered by will to sell, etc.Transfer in anticipation of final distributionRegistration of final distribution of estateVII. ASSURANCE FUNDAssurance Fund; its purpose and intent320. RD of Negros Occidental v. Anglo, Sr., GR 171804, Aug. 05, 2015Contribution to Assurance FundCustody and investment of fundAction for compensation from fundsPersons who may recover from the Assurance Fund321. De Guzman v. National Treasurer of the Republic of the Phils., GR 143281,. Aug. 3, 2000, 337 SCRA 238When claims not permitted322. The RD of Negros Occidental v. Anglo, Sr., GR 171804, Aug. 05, 2015Action for compensation; against whom action filed323. Reyes v. Solemar Development Corp., GR 129247, Mar. 3, 2006, 484 SCRA 1Judgment, how satisfiedRecourse where judgment cannot be executedGeneral Fund when liableSubrogation of government to plaintiff’s rightsRD as party in interestRD mandated to protect the Assurance Fund by filing actionPower of LRA Administrator to file the case himself324. Eagle Realty Corp. v. Republic, GR 151424, July 04, 2008, 557 SCRA 77Ownership rights by the State need not be shown in an action to protect the Fund from liability for damagesLosses not recoverableRecovery from person who caused the loss takes precedence over claims against Assurance Fund325. Estrellado v. Martinez, GR L-23847, Nov. 18, 1925, 48 Phil. 256Person registered in error liable for damagesFund not intended to relieve third persons from legal actionsLimitation of ActionVIII. REGISTRATION OF PATENTSCertificates of title pursuant to patentsEffect of registration of grants and patents under Section 103326. Ting Ho, Jr. v. Teng Gui, GR 130115, July 16, 2008, 558 SCRA 421Registered public land patent a veritable Torrens title327. Republic v. Umali, GR 80687, Apr. 10, 1989, 171 SCRA 647CERTIFICATE OF LAND TRANSFER, EMANCIPATION PATENT, AFFIDAVIT OF NON-TENANCYProvisional Register of DocumentsCertificates of Land Transfer, Emancipation Patents and Certificates of Land Ownership AwardSale of agricultural land; affidavitPETITIONS AND ACTIONS AFTER ORIGINAL REGISTRATIONPetition to compel surrender of owner’s duplicate certificateCourt action after hearing the petitionFiling of separate and original action before land registration courtTransfer of title in buyer’s name no longer part of execution proceedings328. Padilla, Jr. v. Phil. Producers Cooperative Marketing Assoc., Inc., GR 141256, July 15, 2005, 463 SCRA 480Necessity to file separate action, not mere motion, with RTC329. Reyes v. Tang Soat Ing, GR 185620, Dec. 14, 2011, 662 SCRA 553**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO17	17	*Remedy in case holder of certificate refuses to surrender duplicate330.* New Durawood Co., Inc. v. CA, GR 111732, Feb. 20, 1996Amendment and alteration of certificates not allowed after entry; exceptionVenue of petitions for amendment and alteration of certificatesGrounds for petition for amendment and alteration of certificates331. Paz v. Republic, GR 157367, Nov. 23, 2011, 661 SCRA 74Court actions on the petitionsLimitations on court’s authorityPetition that may be filed where owner’s duplicate not presentedPetitions or motions to be filed in the original registration caseProceedings under Section 108 summary in nature332. Bagayas v. Bagayas, GR 187308 & 187517, Sept. 18, 2013, 706 SCRA 73Grounds for availment of relief under Section 108333. City Government of Tagaytay v. Guerrero, GR 140734 & 140745, Sept. 17, 2009, 600 SCRA 33“Unanimity of parties”334. Almirañez v. Devera, GR L-19496, Feb. 27, 1965, 13 SCRA 343Indispensable parties in action for cancellation of memorandum335. Crisologo v. JEWM Agro-Industrial Corp., GR 196894, Mar. 3, 2014, 717 SCRA 644Provisions of Section 2 and Section 108 of PD 1529 distinguished336. Ernesto Oppen, Inc. v. Compas, GR 203969, Oct. 21, 2015Notice and replacement of lost duplicate certificate337. New Durawood Co., Inc. v. CA, GR 111732, Feb. 20, 1996, 253 SCRA 740RTC has jurisdiction over petitions for issuance of lost or stolen owner’s duplicate certificate of titleWhat constitutes sufficient notice338. Office of Court Administrator v. Matas, AM RTJ-92-836, Aug. 2, 1995, 247 SCRA 9Fact of loss of duplicate certificate jurisdictional339. Strait Times, Inc. v. CA, GR 126673, Aug. 28, 1998, 294 SCRA 714Section 109 of PD 1529 and RA 26 distinguishedActions for replacement under PD 1529 and reconstitution under RA 26 do not pass upon question of ownership of land340. Heirs of Susana De Guzman Tuazon v. CA, GR 125758, Jan. 20, 2004, 420 SCRA 219Reconstitution of lost or destroyed original of Torrens titleJudicial reconstitution under RA 26Administrative reconstitution in RA 26; when availed ofReconstitution341. Heirs of Ragua v. CA, GR 88521-22, 31 Jan. 2000, 324 SCRA 7Notice of hearings of petition for judicial reconstitutionReconstitution of lost or destroyed original Torrens titleNature and purpose of reconstitution proceedings342. Angat v. Republic, GR 175788, June 30, 2009, 591 SCRA 364Requisites for an order of reconstitution to issue343. Layos v. Fil-Estate Golf and Development, Inc., GR 150470, Aug. 6, 2008, 561 SCRA 75Jurisdictional requirements and procedures to be followedOwner’s duplicate copy as source for judicial reconstitutionCopies of the certificate of titleOwner’s duplicate of OCT/TCT as primary source for reconstitution344. Republic v. Casimiro, GR 166139, June 20, 2006, 491 SCRA 499Owner’s duplicate OCT or TCT to be presented before the courtSources of reconstitution with respect to liens and encumbrances affecting lost or destroyed certificates of titleWhen notices to owners of adjoining lots and actual occupants not mandatory and jurisdictional345. Puzon v. Sta. Lucia Realty and Development, Inc., GR 139518, Mar. 6, 2001, 353 SCRA 699Duty of petitioners to know their adjoining property owners346. Tahanan Development Corp. v. CA, GR L-55771, Nov. 15, 1982, 118 SCRA 273Effect of failure to notify occupant of adjacent propertyPublication, posting and contents of the notice of Petition for ReconstitutionRequirements prior to the date of hearingContents of the notice347. Republic v. Planes, GR 130433, Apr. 17, 2002, 430 Phil. 848Insufficient compliance with requirements annuls proceedings348. Alabang Development Corp. v. Valenzuela, GR L-54094, Aug. 30, 1982, 116 SCRA 261Rule on liberal construction of the Rules not applicable to land registration cases349. Castillo v. Republic, GR 182980, June 22, 2011, 652 SCRA 600SCHEDULE OF FEES: SPECIAL FUNDFees payableFiling fees and docket fees distinguished350. Dela Paz v. CA, GR 120150, Mar. 27, 2000, 328 SCRA 707Special AccountXII. FORMS USED IN LAND REGISTRATION AND CONVEYANCINGForms in conveyancingSigning and sealing of the instrumentRequired location of signature merely directory351. Quilala v. Alcantara, GR 132681, Dec. 3, 2001, 371 SCRA 311XIII. DEALINGS WITH UNREGISTERED LANDSRecording of instruments relating to unregistered landsXIV. REGISTRATION OF CHATTEL MORTGAGESChattel mortgageRecording of chattel mortgagesChattel mortgage over motor vehicles; when mortgage is deemed binding upon third persons352. Aleman v. De Catera, GR L-13693, Mar. 25, 1961, 1 SCRA 776Manner of recording chattel mortgagesRecording of a mortgageRD to certify officer’s return of sale upon mortgageFees for chattel mortgages, etc.Consulta353. Doronila Resources Dev., Inc. v. CA, GR L-42956-57, Jan. 12, 1988, 157 SCRAProcedureConsulta, when applicableResolution on the consulta appealable to CAXVI. FINAL PROVISIONS OF PD 15291. Appropriation2. Postage exemption3. Effectivity of the law on property or land registration**	Submission of Case Digests Report-Lecture-Discussion Oral Recitation	Library Computer/ Internet Books/Case Laws	Grading of submitted Case Digests Report- Graded recitation
LO18	18		Final Examination	Library Computer/ Internet Books/Case Laws	Checking and Grading of Final Examination Answer Booklets Submission of Final Grades

STUDENT’S OUTPUTS

As evidence of attaining the above learning outcomes, the student is required to do and submit the following during the indicated dates of the term.

Learning Outcome	Required Output
LO1	Recitation
LO2	Written Tests
LO3	Case Digests

COURSE REQUIREMENTS

The student must regularly attend the class.
Active participation in class discussion/oral recitation is required.
Each student has to take and pass all formative (quizzes, written assignments, case digests, reports, etc.) and summative tests (midterm/final exams). Homework must be submitted the next meeting.

GRADING SYSTEM

Rating periods. The students will be graded for two (2) periods within the semester (midterm and final rating periods) according to the following:

1. Class Attendance	15%
2. Participation in Class Discussion / Oral Recitation	15%
3. Individual Formative Tests, Homework, Case Digests	15%
4. Summative Examination (Midterm and Final Exams)	55%
TOTAL	100%

Final Grade. The students will be given their respective final grades based on their average grades (AGs) in the mid-grading period (1st half of the term) and in the final grading grade (2nd half). The midterm rating has a weight of 45% and the final grading period accounts for 55% of the final grade.

SCHOOL OF LAW AND GOVERNANCE JD GRADING SYSTEM:

Number	Percentage Equivalent	Description	Letter Equivalent
1.00	98 and above	Excellent A	A
1.25	94 to <98
1.50	90 to <94	Superior	B+
1.75	86 to <90
2.00	83 to <86	Very Good B	B
2.25	80 to <83
2.50	78 to <80	Good	C+
2.75	76 to <78
3.00	75 to <76	Competent	C
3.50	Below 75	Fail	F

Prepared and submitted by:

ATTY. ALVIN T. CLARIDADES

Approved by:

MARIA CONCEPCION S. NOCHE

Dean, UA&P Institute of Law

NATURAL RESOURCES AND ENVIRONMENTAL LAW – ASSIGNMENT FOR NOVEMBER 14, 2020 (UA&P INSTITUTE OF LAW, 1ST SEMESTER, AY 2020-2021

Posted on October 25, 2020 by PROF. ALVIN CLARIDADES

NATURAL RESOURCES AND ENVIRONMENTAL LAW – ASSIGNMENT FOR NOVEMBER 14, 2020 (UA&P INSTITUTE OF LAW, 1ST SEMESTER, AY 2020-2021

Republic Act No. 8749 or the Clean Air Act of 1999 and its Implementing Rules and Regulations
· Definition of terms
· Polluters must pay principle
· Greenhouse gases
· Compressed natural gas (CNG) as alternative fuel
· Emission defined
· Emission standards for fuel use
Henares, Jr. vs. LTFRB, G.R. No. 158290. October 23, 2006, 505 SCRA 104
· Certificate of Emission Compliance
· Writ of mandamus unavailing to command LTFRB and DOTC to require use by PUVs of CNG as
alternative fuel
· Ban on Incineration
Metropolitan Manila Development Authority vs. Jancom Environmental Corporation vs. G.R. No. 147465.
January 30, 2002, 375 SCRA 320
· Poisonous and toxic fumes defined
· Ambient air quality standard
· National Ambient Air Quality Guideline Values
· Hazardous Air Pollutants and Guideline Values
· Pollution standard index of air quality
· Attainment area
· Non-attainment area
· National Air Quality Status Report
· Airshed
· Designation of Airsheds
· Governing Boards
· Executive Committee
· Air quality management fund and its sources
· Emission quotas
· Emission averaging / trading
· Air pollution clearances and permits for stationary sources
· Authority to construct
· Permit to operate
· Consent agreement
· Incineration
· Non-burn technologies
· Pollution from other sources such as smoking
· Emission control & standards for motor vehicles / Certificate of Conformity
· National Motor Vehicle Inspection and Maintenance Program and Motor Vehicle Inspection System
· Roadside Inspection of motor vehicles.
· Fuels and Additives
· Traffic Adjudication Service
· Ozone-Depleting Substances
· Persistent Organic Pollutants (POPs)
· Financial liability for environmental rehabilitation
· Environmental Management Plan (EMP)
· Cease and Desist Order (CDO)
· Pollution Adjudication Board (PAB)
· Citizen suit
· SLAPP
· Gross violations of RA 8749

NATURAL RESOURCES AND ENVIRONMENTAL LAW – ASSIGNMENT FOR OCTOBER 24, 2020 (UA&P INSTITUTE OF LAW, 1ST SEMESTER, AY 2020-2021

Posted on October 16, 2020 by PROF. ALVIN CLARIDADES

NATURAL RESOURCES AND ENVIRONMENTAL LAW – ASSIGNMENT FOR OCTOBER 24, 2020 (UA&P INSTITUTE OF LAW, 1ST SEMESTER, AY 2020-2021

Republic Act No. 8550 or the Philippine Fisheries Code of 1998
· Application of the provisions of R.A. No. 8550
· Exclusive Economic Zone (EEZ)
· Philippine waters
· Continental shelf
· Objectives of the fishery sector under the Code
· Prohibitions under the Code
Sea Lion Fishing Corporation vs. People, G.R. No. 172678, March 23, 2011, 646 SCRA 272
Leynes vs. People, G.R. No. 224804, September 21, 2016, 804 SCRA 169
· Poaching in Philippine Waters
· Muro-ami fishing
· Sabalo and Other Breeders/Spawners
· Fishing gears: Active and Passive
· Serious violations of the provisions of the Fisheries Code
· Serious violations
· Superlight and Fishing Light Attractor
· Transshipment
· Unreported Fishing
· Commercial Fishing Vessel
· Distant Water Fishing
· Port State Measures
· Prima facie presumption of unauthorized fishing
· Prima facie presumption of unauthorized fisheries activity
· Prima facie presumption of unlawful fishing in the high seas, in the territorial seas, archipelagic
waters, and Exclusive Economic Zones of other states
· Aquatic Pollution
· Obstruction of Defined Migration Paths
· Prior notice and catch report by foreign fishing vessel
· Unlicensed Gear
· Conversion of mangroves into fishponds
· Closed season
· Administrative sanctions for serious violations
· Citizen’s suits
· Strategic Lawsuit Against Public Participation (SLAPP)
· Municipal Waters
Municipal Fisheries Production
Registered Municipal Fishing Vessels
De Borja vs. Pinalakas na Ugnayan ng Maliliit na Mangingisda ng Luzon, Mindanao at Visayas (“PUMALUMV”), G.R. No. 185320, G.R. No. 185348 April 19, 2017, 823 SCRA 550
· Regional Fisheries Management Organization (RFMO)
· Distant-water fishing by Philippine-flagged fishing vessels
· Vessel Monitoring System (VMS) in the High Seas
Republic Act 10654 amending the Philippine Fisheries Code of 1998 and its Implementing Rules and
Regulations (IRR)
· Definition of Terms
· Areas of enforcement
· Precautionary principle in the management of fishery and aquatic resources
· Illegal, unreported and unregulated (IUU) fishing
· Sanctions for commercial fishing violators and poachers
· Prima facie presumption of poaching
· Adjudication Committee under BFAR
· Monitoring, Control and Surveillance (MCS) system
· Monitoring, Control and Surveillance (MCS) system

NATURAL RESOURCES AND ENVIRONMENTAL LAW – ASSIGNMENT FOR OCTOBER 17, 2020 (UA&P INSTITUTE OF LAW, 1ST SEMESTER, AY 2020-2021

Posted on October 10, 2020 by PROF. ALVIN CLARIDADES

NATURAL RESOURCES AND ENVIRONMENTAL LAW – ASSIGNMENT FOR OCTOBER 17, 2020 (UA&P INSTITUTE OF LAW, 1ST SEMESTER, AY 2020-2021

Republic Act No. 8371 or the Indigenous Peoples Rights Act (IPRA) (Links to an external
site.)
 Indigenous Cultural Communities (ICCs) / Indigenous Peoples (IPs)
 Ancestral domains
 Ancestral lands
 Rights of ICCs/IPs
 Responsibilities of ICCs/IPs to their Ancestral Domains
 Other rights granted the ICCs and IPs
Puno, J.: Separate Opinion in Cruz vs. Secretary of Environment And Natural Resources, G.R.
No. 135385. December 6, 2000, 347 SCRA 128 (Links to an external site.)
 National Commission on Indigenous Peoples (NCIP)
 Jurisdiction of the NCIP
Begnaen vs. Caligtan, G.R. No. 189852, August 17, 2016, 800 SCRA 588 (Links to an external
site.)
Unduran vs. Aberasturi, G.R. No. 181284, April 18, 2017, 823 SCRA 80 (Links to an external
site.)
 Quasi-judicial powers of the NCIP
 Preliminary Injunction and Temporary Restraining Order (TRO) may be issued by the
NCIP
The City Government of Baguio City vs. Atty. Brain Masweng, G.R. No. 180206. February 4,
2009, 578 SCRA 88 (Links to an external site.)
 Right to ancestral domains and ancestral lands: how acquired
 The Concept of Native Title
Cariño vs. Insular Government, G.R. No. 2869. March 25, 1907, 8 Phil. 150 (Links to an
external site.)
Cariño vs. Insular Government, G.R. No. 72, 212 U.S. 449, February 23, 1909 (Links to an
external site.)
 Ancestral lands private in character
 Conversion of ancestral lands and domains from private to public agricultural land for
purposes of registration
 Indigenous concept of ownership and customary law; ancestral domain is owned in
common by the ICCs/IPs
 Certificate of Ancestral Domain Title (CADT), a mere formal recognition of native title
Agnes vs. Republic, G.R. No. 156022, July 6, 2015, 761 SCRA 498 (Links to an external site.)
 Non-inclusion of ownership by the ICCs/IPs over the natural resources; compliance
with the Regalian doctrine
 Requirements and process of delineation and recognition of ancestral domains
 Free and Prior Informed Consent (FPIC)
Reyes, R.T., J.: Separate Opinion in Province of North Cotabato vs. Government of the
Republic of the Philippines, G.R. No. 183591. October 14, 2008, 568 SCRA 402