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    Myra De Guzman Palattao
    56 просмотров22 страницы
    [G.R. No. 127022. September 2, 1999] FIRESTONE CERAMICS, INC., BOOMTOWN DEVELOPMENT CORPORATION, Spouses CYNTHIA D. CHING and CHING TIONG KENG, Spouses CARMEN SOCO and LORENZO ONG ENG CHONG ,Spouses SOLEDAD B. YU and YU SY CHIA and LETICIA NOCOM CHAN, petitioners, vs. COURT OF APPEALS, LORENZO J. GANA, PATROCINIO E. MARGOLLES, ALICE E. SOTTO, VIRGINIA E. VILLONGCO, EDGARDO C. ESPINOSA, LUCIA E. LAPERAL, NORMA C. ESPINOSA, TERESITA E. CASAL, PELTAN DEVELOPMENT, INC., REGIONAL TRIAL COURT (formerly CFI of Rizal) and the REGISTER OF DEEDS OF LAS PIÑAS, METRO MANILA, respondents. ALEJANDRO B. REY, petitioner-intervenor. [G.R. No. 127245. September 2, 1999] REPUBLIC OF THE PHILIPPINES, represented by the DIRECTOR, LAND MANAGEMENT BUREAU, petitioner, vs. HON. COURT OF APPEALS, LORENZO J. GANA, PATROCINIO E. MARGOLLES, ALICE E. SOTTO, VIRGINIA E. VILLONGCO, EDGARDO C. ESPINOSA, LUCIA A. LAPERAL, NORMA C. ESPINOSA, TERESITA E. CASAL, PELTAN DEVELOPMENT INC., THE REGIONAL TRIAL COURT (formerly CFI) of RIZAL, AND THE REGISTER OF DEEDS OF LAS PIÑAS, METRO MANILA, respondents. D E C I S I O N GONZAGA-REYES, J.: These consolidated cases originated from the decision[1] rendered by the respondent Court of Appeals in CA-G.R. SP No. 36280 entitled Republic of the Philippines, represented by the Director, Land Management Bureau, petitioner, against Lorenzo J. Gana, Patrocinio E. Margolles, Alice E. Sotto, Virginia E. Villongco, Edgardo C. Espinosa, Lucia A. Laperal, Norma C. Espinosa, Teresita E. Casal, Peltran Development, Inc. and the Register of Deeds of Las Piñas, Metro Manila, respondents, an action for annulment of judgment of the decision of the then Court of First Instance of Rizal in LRC Case No. 672, GLRO Record No. 30406. The facts of the case as summarized by the respondent Court of Appeals, are as follows[2]: “The parcel of land involved in this case is located in Tindig na Mangga, Las Piñas, Metro Manila, with an area of 996,175 square meters, more or less, and covered by Original Certificate of Title No. 4216. Alleged, among others, in the petition are that: “5. The Municipality of Las Piñas, Rizal, now Metro Manila, was originally classified as a forest land and out of 2,556 hectares comprising it, 1,200 hectares were declared A and D lands in 1928 under LC Map No. 766, Project 13. The rest of the municipality was declassified as forest land and declared A and D lands only on January 3, 1968 under LC Map No. 2623, Project 13-A, pursuant to FAO No. 4-1141. “6. It appears that on March 26, 1929, the spouses Lorenzo J. Gana and Maria Juliana Carlos obtained a certificate of title over 996,175 square meters of land located in Tindig na Mangga, Las Piñas, Metro Manila, under OCT No. 4216. “7. The land ‘covered by said title was purportedly surveyed on November 17, 1925 under plan Psu-49273, approved on May 12, 1926; that in 1927, they filed an application for registration of said land; that the case was docketed as Land Registration Case No. 672, Record No. 30406; and that allegedly on the basis of the decision rendered therein (see Certification re unavailability of copy of decision, Annex B), Decree No. 351823, OCT No. 4216 was issued on March 26, 1929 to the aforesaid spouses. “8. On the basis of investigations conducted by the then Bureau of Lands, now Lands Management Bureau, it was found that the property covered by OCT No. 4216 was, at the time of its issuance on March 26, 1929, still formed part of the forest zone and, hence, incapable of registration as private property. “8.1. Thus, it was only on January 3, 1968 when that portion of the Municipality of Las Piñas, which includes the property embraced by OCT No. 4216, was declassified from its category as forest land and declared A and D land under LC Map No. 2623, Project 13-A, pursuant to FAO No. 4-1141. “8.2. Even assuming, however, that the same property was included in the area declared as A and D land in 1928 under LC Map

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    [G.R. No. 127022. September 2, 1999] FIRESTONE CERAMICS, INC., BOOMTOWN DEVELOPMENT CORPORATION, Spouses CYNTHIA D. CHING and CHING TIONG KENG, Spouses CARMEN SOCO and LORENZO ONG ENG CHONG ,Spouses SOLEDAD B. YU and YU SY CHIA and LETICIA NOCOM CHAN, petitioners, vs. COURT OF APPEALS, LORENZO J. GANA, PATROCINIO E. MARGOLLES, ALICE E. SOTTO, VIRGINIA E. VILLONGCO, EDGARDO C. ESPINOSA, LUCIA E. LAPERAL, NORMA C. ESPINOSA, TERESITA E. CASAL, PELTAN DEVELOPMENT, INC., REGIONAL TRIAL COURT (formerly CFI of Rizal) and the REGISTER OF DEEDS OF LAS PIÑAS, METRO MANILA, respondents. ALEJANDRO B. REY, petitioner-intervenor. [G.R. No. 127245. September 2, 1999] REPUBLIC OF THE PHILIPPINES, represented by the DIRECTOR, LAND MANAGEMENT BUREAU, petitioner, vs. HON. COURT OF APPEALS, LORENZO J. GANA, PATROCINIO E. MARGOLLES, ALICE E. SOTTO, VIRGINIA E. VILLONGCO, EDGARDO C. ESPINOSA, LUCIA A. LAPERAL, NORMA C. ESPINOSA, TERESITA E. CASAL, PELTAN DEVELOPMENT INC., THE REGIONAL TRIAL COURT (formerly CFI) of RIZAL, AND THE REGISTER OF DEEDS OF LAS PIÑAS, METRO MANILA, respondents. D E C I S I O N GONZAGA-REYES, J.: These consolidated cases originated from the decision[1] rendered by the respondent Court of Appeals in CA-G.R. SP No. 36280 entitled Republic of the Philippines, represented by the Director, Land Management Bureau, petitioner, against Lorenzo J. Gana, Patrocinio E. Margolles, Alice E. Sotto, Virginia E. Villongco, Edgardo C. Espinosa, Lucia A. Laperal, Norma C. Espinosa, Teresita E. Casal, Peltran Development, Inc. and the Register of Deeds of Las Piñas, Metro Manila, respondents, an action for annulment of judgment of the decision of the then Court of First Instance of Rizal in LRC Case No. 672, GLRO Record No. 30406. The facts of the case as summarized by the respondent Court of Appeals, are as follows[2]: “The parcel of land involved in this case is located in Tindig na Mangga, Las Piñas, Metro Manila, with an area of 996,175 square meters, more or less, and covered by Original Certificate of Title No. 4216. Alleged, among others, in the petition are that: “5. The Municipality of Las Piñas, Rizal, now Metro Manila, was originally classified as a forest land and out of 2,556 hectares comprising it, 1,200 hectares were declared A and D lands in 1928 under LC Map No. 766, Project 13. The rest of the municipality was declassified as forest land and declared A and D lands only on January 3, 1968 under LC Map No. 2623, Project 13-A, pursuant to FAO No. 4-1141. “6. It appears that on March 26, 1929, the spouses Lorenzo J. Gana and Maria Juliana Carlos obtained a certificate of title over 996,175 square meters of land located in Tindig na Mangga, Las Piñas, Metro Manila, under OCT No. 4216. “7. The land ‘covered by said title was purportedly surveyed on November 17, 1925 under plan Psu-49273, approved on May 12, 1926; that in 1927, they filed an application for registration of said land; that the case was docketed as Land Registration Case No. 672, Record No. 30406; and that allegedly on the basis of the decision rendered therein (see Certification re unavailability of copy of decision, Annex B), Decree No. 351823, OCT No. 4216 was issued on March 26, 1929 to the aforesaid spouses. “8. On the basis of investigations conducted by the then Bureau of Lands, now Lands Management Bureau, it was found that the property covered by OCT No. 4216 was, at the time of its issuance on March 26, 1929, still formed part of the forest zone and, hence, incapable of registration as private property. “8.1. Thus, it was only on January 3, 1968 when that portion of the Municipality of Las Piñas, which includes the property embraced by OCT No. 4216, was declassified from its category as forest land and declared A and D land under LC Map No. 2623, Project 13-A, pursuant to FAO No. 4-1141. “8.2. Even assuming, however, that the same property was included in the area declared as A and D land in 1928 under LC Map

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    © All Rights Reserved
    Скачайте в формате PPT, PDF, TXT или читайте онлайн в Scribd
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    56 просмотров22 страницы

    Brgy

    Загружено:

    Myra De Guzman Palattao
    [G.R. No. 127022. September 2, 1999] FIRESTONE CERAMICS, INC., BOOMTOWN DEVELOPMENT CORPORATION, Spouses CYNTHIA D. CHING and CHING TIONG KENG, Spouses CARMEN SOCO and LORENZO ONG ENG CHONG ,Spouses SOLEDAD B. YU and YU SY CHIA and LETICIA NOCOM CHAN, petitioners, vs. COURT OF APPEALS, LORENZO J. GANA, PATROCINIO E. MARGOLLES, ALICE E. SOTTO, VIRGINIA E. VILLONGCO, EDGARDO C. ESPINOSA, LUCIA E. LAPERAL, NORMA C. ESPINOSA, TERESITA E. CASAL, PELTAN DEVELOPMENT, INC., REGIONAL TRIAL COURT (formerly CFI of Rizal) and the REGISTER OF DEEDS OF LAS PIÑAS, METRO MANILA, respondents. ALEJANDRO B. REY, petitioner-intervenor. [G.R. No. 127245. September 2, 1999] REPUBLIC OF THE PHILIPPINES, represented by the DIRECTOR, LAND MANAGEMENT BUREAU, petitioner, vs. HON. COURT OF APPEALS, LORENZO J. GANA, PATROCINIO E. MARGOLLES, ALICE E. SOTTO, VIRGINIA E. VILLONGCO, EDGARDO C. ESPINOSA, LUCIA A. LAPERAL, NORMA C. ESPINOSA, TERESITA E. CASAL, PELTAN DEVELOPMENT INC., THE REGIONAL TRIAL COURT (formerly CFI) of RIZAL, AND THE REGISTER OF DEEDS OF LAS PIÑAS, METRO MANILA, respondents. D E C I S I O N GONZAGA-REYES, J.: These consolidated cases originated from the decision[1] rendered by the respondent Court of Appeals in CA-G.R. SP No. 36280 entitled Republic of the Philippines, represented by the Director, Land Management Bureau, petitioner, against Lorenzo J. Gana, Patrocinio E. Margolles, Alice E. Sotto, Virginia E. Villongco, Edgardo C. Espinosa, Lucia A. Laperal, Norma C. Espinosa, Teresita E. Casal, Peltran Development, Inc. and the Register of Deeds of Las Piñas, Metro Manila, respondents, an action for annulment of judgment of the decision of the then Court of First Instance of Rizal in LRC Case No. 672, GLRO Record No. 30406. The facts of the case as summarized by the respondent Court of Appeals, are as follows[2]: “The parcel of land involved in this case is located in Tindig na Mangga, Las Piñas, Metro Manila, with an area of 996,175 square meters, more or less, and covered by Original Certificate of Title No. 4216. Alleged, among others, in the petition are that: “5. The Municipality of Las Piñas, Rizal, now Metro Manila, was originally classified as a forest land and out of 2,556 hectares comprising it, 1,200 hectares were declared A and D lands in 1928 under LC Map No. 766, Project 13. The rest of the municipality was declassified as forest land and declared A and D lands only on January 3, 1968 under LC Map No. 2623, Project 13-A, pursuant to FAO No. 4-1141. “6. It appears that on March 26, 1929, the spouses Lorenzo J. Gana and Maria Juliana Carlos obtained a certificate of title over 996,175 square meters of land located in Tindig na Mangga, Las Piñas, Metro Manila, under OCT No. 4216. “7. The land ‘covered by said title was purportedly surveyed on November 17, 1925 under plan Psu-49273, approved on May 12, 1926; that in 1927, they filed an application for registration of said land; that the case was docketed as Land Registration Case No. 672, Record No. 30406; and that allegedly on the basis of the decision rendered therein (see Certification re unavailability of copy of decision, Annex B), Decree No. 351823, OCT No. 4216 was issued on March 26, 1929 to the aforesaid spouses. “8. On the basis of investigations conducted by the then Bureau of Lands, now Lands Management Bureau, it was found that the property covered by OCT No. 4216 was, at the time of its issuance on March 26, 1929, still formed part of the forest zone and, hence, incapable of registration as private property. “8.1. Thus, it was only on January 3, 1968 when that portion of the Municipality of Las Piñas, which includes the property embraced by OCT No. 4216, was declassified from its category as forest land and declared A and D land under LC Map No. 2623, Project 13-A, pursuant to FAO No. 4-1141. “8.2. Even assuming, however, that the same property was included in the area declared as A and D land in 1928 under LC Map

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    © All Rights Reserved
    Скачайте в формате PPT, PDF, TXT или читайте онлайн в Scribd
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    из 22

    BARANGAY

    JUSTICE SYSTEM

    ATTY. OLIVIA B. CORNEJO-MALLARI
    LEGAL OFFICER III
    LITIGATION & ADMINISTRATIVE INVESTIGATION GROUP
    OFFICE OF THE GENERAL COUNSEL
    & LEGAL SERVICES
    BSP Tuguegarao
    27 March 2014
    R.A. No. 7160
    (1991 Local Government Code)


    Secs. 399-422

    KATARUNGANG
    PAMBARANGAY
    KATARUNGANG PAMBARANGAY
    a system of justice administered at
    the barangay level for the purpose of
    amicable settling disputes through
    mediation, conciliation or arbitration
    among the family or barangay
    without resorting to the courts
    LUPONG TAGAPAMAYAPA
    a body organized in every barangay
    composed of Punong Barangay as
    the chair & not less than 10 & more
    than 20 from which the members of
    every Pangkat shall be chosen
    PANGKAT TAGAPAGKASUNDO
    a conciliation panel constituted from
    the Lupon membership for every
    dispute brought before the Lupon
    consisting of 3 members after the
    Punong Barangay has failed in his
    mediation efforts
    Composition of Lupon
    Chair Punong Barangay

    10-20 Members to be appointed by
    Punong Barangay
    (no need for approval/
    confirmation/ratification of
    Sangguniang Barangay)

    Secretary Barangay Secretary
    Lupon Members
    actually residing/working in the barangay
    not expressly disqualified by law
    possessing integrity, impartiality, independence of
    mind, sense of fairness, & reputation for probity
    shall serve for 3 years
    withdrawal of appointment by Punong Barangay
    needs concurrence of majority of Lupon Members
    persons in authority
    shall serve without compensation but may be
    given honoraria
    Pangkat Members
    3 Lupon Members

    chosen by both parties or determined
    by lots drawn by the Lupon Chair

    shall elect from among themselves
    the Pangkat Chair & Secretary

    Jurisdiction of Lupon
    ALL DISPUTES, civil/criminal
    in nature, where the parties
    actually reside in the same
    city/municipality
    EXCEPTIONS
    With a juridical entity
    With a government entity
    With a public officer/employee, & the dispute relates
    to performance of official functions
    Offenses punishable by imprisonment exceeding 1
    year/fine exceeding P5,000
    Offenses with no private offended party
    Real properties in different cities/municipalities
    Residents of other cities/municipalities, except of
    adjoining barangays
    Others determined by the President in the interest of
    justice/as recommended by the Justice Secretary


    Rules on Venue
    Residents of same barangay Lupon of said barangay

    Residents of different barangays within same
    city/municipality barangay where respondent/any of
    respondents resides, at the choice of complainant

    Real property barangay where the same or a larger
    portion thereof is situated

    Arising at workplace/school barangay where it is
    located
    Appearance of Parties
    Lawyers
    not
    allowed
    Settlement of Disputes
    1. Mediation Lupon Chair

    2. Conciliation - Pangkat

    3. Arbitration Lupon Chair/
    Pangkat
    Arbitration
    Agreement in writing

    May be repudiated within 5 days from
    date of agreement

    Where consent is vitiated by fraud,
    violence or intimidation

    Award also in writing, in a language
    known to the parties
    Failure to Appear
    Dismissal of complaint/counterclaim

    Issuance of certificate to file action/
    to bar filing of action

    Contempt proceedings
    Pre-condition to filing of action
    No complaint, petition, action or proceeding
    involving any matter within the authority of the
    Lupon shall be filed or instituted directly in court
    or any other government office for adjudication,
    unless there has been a confrontation between
    the parties before the Lupon Chair/Pangkat, &
    that no conciliation/settlement has been
    reached, or unless the settlement has been
    repudiated by the parties
    Parties may go directly to court
    Where accused is under detention

    In habeas corpus proceedings

    In actions with provisional remedies
    (injunction, attachment, replevin, support
    pendente lite)

    Where action is about to prescribe
    SC Adm. Circ. No. 14-93
    (15 July 1993)
    courts to ensure compliance with the
    requirement of prior recourse to the
    Barangay Justice as a condition for filing a
    complaint in court for cases that are
    covered by the System

    see Sec. 1(j), Rule 16, Revised Rules of
    Civil Procedure
    Settlement/Award
    Shall have the force & effect
    of a final judgment of a court
    upon expiration of 10 days,
    unless repudiated by the
    parties
    Execution
    By the Lupon within 6 months
    from date of settlement/award

    Thereafter, by court action
    Repudiation
    Within 10 days from date of
    settlement/award
    By filing a sworn statement with the
    Lupon Chair
    Where consent is vitiated by fraud,
    violence or intimidation
    Sufficient basis for issuance of
    certificate to file action

    THANK YOU!

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