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Gaudencio Rayo vs. Court of First INSTANCE OF BULACAN G.R. No. L-55273-83 December 19, 1981
Gaudencio Rayo vs. Court of First INSTANCE OF BULACAN G.R. No. L-55273-83 December 19, 1981
Gaudencio Rayo vs. Court of First INSTANCE OF BULACAN G.R. No. L-55273-83 December 19, 1981
COURT OF FIRST
INSTANCE OF BULACAN G.R. No. L-55273-83
December 19, 1981
FACTS: During "Kading", the respondent opened the floodgates of the Angat Dam which resulted to the
inundation of towns in Bulacan were inundated. The petitioners filed for damages against the respondent
corporation.
Petitioners contended that the respondent corporation is merely performing a propriety functions and that
under its own organic act, it can sue and be sued in court.
ISSUE: W/N the respondent performs governmental functions with respect to the management and
operation of the Angat Dam.
HELD: The government has organized a private corporation, put money in it and has allowed it to sue and
be sued in any court under its charter. As a government owned and controlled corporation, it has a
personality of its own, distinct and separate from that of the government.
of the military & the police, at about noon of Jan. 20, 2001, V-pres Arroyo was sworn into office as Pres. of
the Phil., while Pres. Estrada left Malacanang. On the same day, Pres. Estrada wrote a letter to the Senate
stating that he was unable to exercise the powers of the office of the Presidency
ISSUE: Is the Pres. only temporarily unable to act as Pres?
RULING: NO. On Jan. 20, 2001, despite receipt of the letter, the House issued a resolution supporting the
assumption of Arroyoi as Pres. on Feb. 7, it confirmed the nomination by Pres. Arroyo of Sen. Guingona as
V-Pres. Congress has recognized Arroyo as the Pres., & that the inability of Estrada is no longer temporary.
In the face of this determination by a co-equal branch, the court is w/out authority to review. It is a poll
question, w/c cannot be decided by the Court w/out transgressing the princ. of separation of powers.
Facts:
Ignacio applied for the registration of a parcel of a mangrove land in Rizal. It was
stated in the application that he owned the parcelby right of accretion. the land in
question was formed by accretion and alluvial deposists caused by the action of the
Manila bay. The petition was denied by the lower court and decided that the land to be
registered are part of the public domain. Faustino, however, contended that the court
could have declared the land not to be part of the public domain.
Issue:
Whether or not the courts have the power to reclassify a land
Ruling:
No, the courts do not have the power to reclassify a land. The courts are primarily called
upon to determine whether a land is to be used for public purpose. However, it is only limited
there. A formal declaration of reclassification of land should come from the government,
specifically from the executive department or the legislature
1. City Government of Quezon vs. Judge Ericta GR No. L-34915 June 24, 1983
Facts:
An ordinance in Quezon city approved the the establishment of private
cemeteries in the said city., wherein 6% of the total area of the private memorial park
shall be set aside for charity burial of deceased persons. Himlayang Pilipino, a private
memorial park, contends that the taking or confiscation of property restricts the use of
property. It also contends that the taking is not a valid exercise of police power, since the
properties taken in the exercise of police power are destroyed and not for the benefit of
the public.
Issue:
Whether or not the ordinance made by Quezon City is a valid taking of private property
Ruling:
No, the ordinance made by Quezon City is not a valid way of taking private property. The
ordinace is actually a taking without compensation of a certain area from a private
cemetery to benefit paupers who are charges of the municipal corporation. Passing the
ordinance without benefiting the owner of the property with just compensation or due
process, would amount to unjust taking of a real property.
The Bicerras were the owners of a house built on a lot owned by them and
situated in the municipality of Lagangilang. Tenezza forcibly demolished the
house, asserting that they are the rightful owners of the land. Failure to restore the
house and to deliver the materials by the defendants,
plaintiffs were forced to file an action against them for damages as well as praying that
the court hold them as the proper owners of the house.
No. A house is classified as immovable property by reason of its adherence to the soil on
which it is built. The classification holds true regardless of the fact that the house may be
situated on land belonging to another owner. But once the house is demolished, it ceases
to exist as such and the hence its character as immovable likewise ceases.
15. Sergs Products and Gaquiloy vs. PCI Leasing and Finance 338 SCRA 499
FACTS:
PCI filed a case for collection of a sum of money as well as a writ of replevin
for the seizure of machineries, subject of a chattel mortgage executed by petitioner
in favor of PCI. Machineries of petitioner were seized and petitioner filed a motion
for special protective order. It asserts that the machineries were real property and could
not be subject of a chattel mortgage.
Issue: Whether or not the machineries become real property by virtue of immobilization.
HELD:
The machineries in question have become immobilized by destination because they
are essential and principal elements in the industry, and thus have become immovable in
nature.
Nonetheless, they are still proper subjects for a chattel mortgage. Contracting parties may validly
stipulate that a real property be considered as personal. After agreement, they are consequently
estopped from claiming otherwise
ISSUE:
Whether or not the deed of real estate mortgage and chattel mortgage appended to
the complaint is valid notwithstanding the fact that the house was made subject of chattel
mortgage for the reason that it is erected on a land that belongs to a third person.
HELD:
Yes. Where a house stands on a rented land belonging to another person, it
may be the subject matter of a chattel mortgage as personal property if so stipulated in the
document of mortgage, and in an action by the mortgagee for the foreclosure, the validity
. US vs. TAMBUNTING 41 PHIL 364
FACTS:
The Manila Gas Company installed equipment for the transmission of gas in a
house at Evangelista. After the original subscriber left, the apparatus was sealed and the
services discontinued. Later Mr. Tambunting moved in. He was a cheapskate and
spliced the tubing to leech free gas for household use. Alas, the crime was discovered
by the gas company. The prosecutor filed charges and hailed Mr. Tambunting to court.
ISSUE:
RULING
Yes. Gas is a substance which lends itself to felonious appropriation. It is a
valuable merchandise that can be bought and sold like other personal property,
susceptible of being siphoned from a larger mass and transported from place to place.
FACTS:
The half-interest in the business (Antigua Botica Ramirez) was mortgaged with
Fidelity & Surety Co. on March 10, 1919, and registered in due time in the registry of
property, while another mortgage was made with Ildefonso Ramirez on 22 September
1919 and registered also in the registry. Raised in the lower court, the trial court declared
the mortgage of Fidelity & Surety Co. entitled to preference over that of Ildefonso
Ramirez and another mortgage by Concepcion Ayala. Ayala did not appeal, but Ramirez
did.
ISSUE:
enumeration of movable properties in Article 414 of the Civil Code, and may be
the subject of mortgage.
CHAVEZ vs. PUBLIC ESTATES AUTHORITY
384 SCRA 152
FACTS:
The Public Estates Authority is the central implementing agency tasked to undertake
reclamation projects nationwide. It took over the leasing and selling functions of the
DENR insofar as reclaimed or about to be reclaimed foreshore lands are concerned. PEA
sought the transfer to AMARI, a private corporation, of the ownership of 77.34 hectares
of the Freedom Islands. PEA also sought to have 290.156 hectares of submerged areas of
Manila Bay to AMARI.
ISSUE:
RULING:
No. To allow vast areas of reclaimed lands of the public domain to be transferred to PEA
as private lands will sanction a gross violation of the constitutional ban on private
corporations from acquiring any kind of alienable land of the public domain.
VILLARICA V. COURT OF APPEALS
309 SCRA 193
FACTS:
Spouses Teofilo and Maxima Villarica, filed an application for confirmation of the
title over a parcel of land which they allege they bought from Teofilos father. Said
application was opposed by the Director of Forestry contending that the said land forms
part of the public domain as it is within the unclassified area in Meycauayan and is not
available for private appropriation. The trial court dismissed the case since the property
forms part of the public domain therefore the certificate of title is void.
ISSUE:
Whether or not the land still forms part of the public domain
HELD:
Yes, there has been no showing that a declassification has been made of the land in
question as disposable or alienable. And the record indeed disclosed that applicants have
not introduced any evidence which would have led the court a quo to rule otherwise.
Forest lands cannot be owned by private persons.
Felipe Calub vs CA April 27,2000 GR no.115634
Facts:
The Petitioner from DENR apprehended two motor vehicles which was carrying illegally
sourced lumber in violation of the Revised Forestry Code,and thereafter confiscated
them.The owners of the subject vehicles filed an action for replevin to recover such
vehicles.They succeed in the trial court averring on the ground that the Petitioner did not
act in accordance with the law.Petitioner appeals on the ground that the replevin in this
case is a suit against the State and therefore invalid.
Issue:
Whether or not Replevin may be instituted for the reconveyance of the vehicles under
custodia legis? and whether such replevin in the case is a suit against the State?
Ruling:
No.Writ of Replevin cannot be issued to recover a property lawfully taken by virtue of
legal process and considered in the custody of law. This suit is not valid because the State
may not be sued without its consent or when the public official acted in bad faith in the
discharge of his duties.
GERMAN MANAGEMENT AND SERVICES V. COURT OF APPEALS
177 SCRA 495
FACTS:
Spouses Jose issued a power of attorney in favor of petitioner for the
development of their parcel of land into a subdivision. Private respondents were
occupying the land and petitioner advised them to vacate but they refused.
Thereafter,
petitioner
continued
their
development
and construction.
Respondents then filed a case for forcible entry. The trial court dismissed the
complaint and this was reversed by the CA.
Issue: WON the possessors of a land may file a case of forcible entry even against the
owner himself
Held:
Notwithstanding petitioners claim that it was duly authorized by the owners to develop
the subject property, private respondents as actual possessors, can commence a forcible entry
case against petitioner because ownership is not in issue. Forcible entry is merely a quieting
process, and never determines the actual title to an estate
Whether or not the filing of the second impeachment complaint against Chief Justice is
constitutional,
without complying with the requirement under Art. 283 of the Labor Code regarding the
service of notice upon the employees and DOLE at least one month before the intended
date of termination.
ISSUE:
Whether or not full backwages and separation pay be awarded to respondents when
employers effected termination without complying with the twin notice rule.
RULING:
The dismissal of the respondents was for an authorized cause under Article 283. A
dismissal for authorized cause does not necessarily imply delinquency or culpability on
the part of the employee. Instead, the dismissal process is initiated by the employers
exercise of his management prerogative, i.e. when the employer opts to install laborsaving devices, when he decides to cease business operations or when he undertakes to
implement a retrenchment program.
P filed with the trial court a complaint for specific performance against subdivision
developers to compel the latter to execute deeds of absolute sale and to deliver the
certificates of title to buyers.
Issue:
Whether the trial court has jurisdiction over such as a complaint.
Held:
No. Under the Executive Order creating it, the HLURB has exclusive jurisdiction to
hear and decide cases of unsound real estate business practices; claims involving refund
filed against project owners, developers, dealers, brokers, or salesmen; and cases of
specific performance.