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Vivencio Abano)
Maneclang v. Intermediate Appellate Court Facts: Adriano Maneclang in this case filed a complaint for quieting of title over a certain fishpond located within the 4 parcels of land belonging to them situated in Pangasinan but the trial court dismissed it by saying that the body of water is a creek constituting a tributary to Agno River therefore public in nature and not subject to private appropriation. o They appealed it to the IAC which affirmed the aforementioned decision. Hence, this review on certiorari. However, after having been asked to comment to the case thereon, they manifested their lack of interest and the parties to the case (the complainant and the awardee in the public bidding Maza) decided to amicably settle the case saying that judgment be rendered and that the court recognize the ownership of the petitioners over the land the body of water found within their titled properties. o They say that there would be no benefit since the NIA already constructed a dike and no water now gets in and out of the land. Issue: Whether or not the fishpond is public in nature. Ratio: Yes. A creek is defined as a recess or arm extending from a river and participating in the ebb and flow of the sea. o It is a property belonging to the public domain and is not susceptible to private appropriation and acquisitive prescription. o The mere construction of the dikes by NIA nor its conversion to a fishpond altered or changed the nature of the creek as property of the public domain. The compromise agreement is null and void and of no legal effect because it is contrary to law and public policy. Villarico v. Sarmiento Facts: Villarico here is an owner of a lot that is separated from the Ninoy Aquino Avenue highway by a strip of land belonging to the government. Vivencio Sarmiento had a building constructed on a portion of the said government land and a part thereof was occupied by Andoks Litson Corp. In 1993, by means of a Deed of Exchange of Real Property, Villarico acquired a portion of the same area owned by the government. o He then filed an accion publiciana alleging that respondents (Vivencio) on the government land closed his right of way to the Ninoy Aquino Avenue and encroached on a portion of his lot.
Issue: Whether or not VIllarico has a right of way to the NAA. Ratio: No. It is not disputed in this case that the alleged right of way to the lot belongs to the state or property of public dominion. o It is intended for public use meaning that it is not confined to privileged individuals but is open to the indefinite public. Records show that the lot on which the stairways were built is for the use of the people as passageway hence, it is a property for public dominion. o Public dominion property is outside the commerce of man and hence, it cannot be: Alienated or leased or otherwise be the subject matter of contracts Acquired by prescription against the state Cannot be the subject of attachment and execution Be burdened by any voluntary easement It cannot be burdened by a voluntary easement of right of way in favor of the petitioner and petitioner cannot appropriate it for himself and he cannot claim any right of possession over it. Abrogar v. People Facts: Abrogar here is being accused with theft under Article 308 of the Revised Penal Code. The information alleged that he effectively stole the business from PLDT while using its facilities. o He filed a motion to quash the information since according to him it does not contain material allegations charging the petitioner with theft of personal property since long distance calls and the business of providing telecommunication are not personal properties under theft. Issue: Whether or not "stealing the business from PLDT while using its facilities" constitutes taking of personal property within the meaning of Art. 308 of the RPC. Ratio: PERSONAL PROPERTY is defined as anything susceptible of appropriation and not included in the chapter in real property in the
Issue: Whether or not a petition for certiorari under Rule 65 was the proper remedy in assailing the order of the RTC in denying the motion to dismiss. Whether or not there is res judicata Ratio: The filing of petition for certiorari is proper. It has been settled that an order denying a motion to dismiss is an interlocutory order which neither terminates nor disposes a case. As such, the general rule is that an order denying a motion to dismiss cannot be questioned in a certiorari case. o But there are exceptions to this general rule. It is allowed when the ground is improper venue, lack of jurisdiction or res judicata as in the case at bar.
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FACTS: Respondents Benjamin Tancinco, Azucena Tancinco Reyes, Marina (should be "Maria") Tancinco Imperial and Mario C. Tancinco filed an application for the registration of three lots adjacent to their fishpond property.
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CASE DOCTRINES
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FRANCISCO MEDINA, et al., Petitioners, versus GREENFIELD DEVELOPMENT CORPORATION, Respondent., G.R. No. 140228, 2004 Nov 19, 2nd Division
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ERNESTO V. YU and ELSIE O. YU, Petitioners, versus BALTAZAR PACLEB, Respondent., G.R. No. 130316, 2007 Jan 24, 1st Division CASE DOCTRINES Possession; defined The Civil Code states that possession is the holding of a thing or the enjoyment of a right . In the grammatical sense, to possess means to have, to actually and physically occupy a thing, with or without right . Possession always includes the idea of occupation x x x. It is not necessary that the person in possession should himself be the occupant. The occupancy can be h eld by another in his name. Without occupancy, there is no possession. Possession; requirements Two things are paramount in possession . First, there must be occupancy, apprehension or taking. Second, there must be intent to possess (animus possidendi). Payment of tax; indicia of animus possidendi
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Republic vs. Alonte CASE DOCTRINES Possession can be exercised in ones name or that of another The fact that Editha Alonte, respondent's attorney-in-fact, testified that it is she and her family who are residing on the subject lot does not negate the statement in the petition for reconstitution that it is respondent who is in possession of the lot. After all, Article 524 of the New Civil Code provides that possession may be exercised in one's own name or in that of another. Obviously, Editha Alonte was exercising possession over the land in the name of respondent Lourdes Alonte. FACTS: Petition for Review on Certiorari under Rule 45. In 2001 Lourdes F. Alonte filed a Petition for the Reconstitution of the original TCT and Issuance of the Corresponding Owner's Duplicate thereof over lot 18-B of the subd. Plan (LRC) Psd-328326 co situated in the Municipality of Caloocan (now Quezon City). All the requirements were complied by Alonte. There being no opposition her representative was allowed to present evidience ex-parte. RTC decision: granted the reconstitution. The RTC has issued a Certificate of finality. However, it revoked the same because a Notice of Appeal was submitted. CA decision: affirmed the RTC. ISSUE: WON Alonte who was in the United States complied with possession requirement for the reconstitution of title. RULING: The petition for reconstitution alleged that respondent is in possession of the subject lot and it listed the names and addresses of adjoining owners enumerated in the Certification from the Office of the City Assessor dated August 1, 2001; it stated that the title is free from any and all liens and encumbrances; and it stated that a copy of TCT No. 335986 is attached to the petition and made an integral part of the petition, hence, the restrictions and liabilities appearing at the back of the copy of the TCT are deemed part of the petition for reconstitution. Said petition was also accompanied by a technical description of the property approved by the Commissioner of the National Land Titles and Deeds Registration Administration, the predecessor of the LRA, as prescribed under the last condition of Section 12 of R.A. No. 26. Thus, the petition clearly complied with the requirements of Section 12, R.A. No. 26. The fact that Editha Alonte, respondent's attorney-in-fact, testified that it is she and her family who are residing on the subject lot does not negate the statement in the petition for reconstitution that it is respondent who is in possession of the lot. After all, Article 524 of the New Civil Code provides that possession may be exercised in one's own name or in that of another. Obviously, Editha Alonte was exercising possession over the land in the name of respondent Lourdes Alonte. This is supported by the Certification from the Office of the City Treasurer of Quezon City which states that the real property taxes on said property, declared in the name of Lourdes Alonte, had been paid. Furthermore, as stated above, the LRA submitted to the trial court a Report dated August 2, 2002 stating that *t+he plan and technical description of Lot 18-B of the subdivision plan (LRC) Psd-328326, were verified correct by this Authority to represent the aforesaid lot and the same have been approved under (LRA) PR-19193 pursuant to the provisions of Section 12 of R.A. No. 26. Attached to said Report were the print copy of plan (LRA) PR-19193 and the corresponding technical description. Since the LRA issued a Report that is highly favorable to respondent, and considering further the presumption that official duty has been regularly performed the only conclusion would be that respondent has fully complied with the requirements of LRC Circular No. 35. HELD: petition denied. /adsum Special thanks to zoila :-)
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