My Sympathies

Today I offer this blog entry to our fellow Filipino countrymen who were executed in China yesterday for smuggling and drug trafficking.

Their guilt or innocence is beside the issue, their execution is a lesson from which we should learn.

Generally, crimes committed within the jurisdiction of a State should be tried and punished in accordance with the laws existing at that State. Since states are sovereign in their own spheres, we have to respect whatever decisions the foreign Court render, unless under the duty of parens patriae our State enters into negotiations or invoke comity, reciprocity or jus cogens, and the punishing State grants our plea to spare our fellow countrymen who committed a violation of the law. However, such did not happen yesterday, the Chinese Government proceeded with the execution of Sally Ordinario-Villanueva, Ramon Credo and Elizabeth Batain.

This is a blatant reminder for us to put into action the lessons from this gained from this experience. First, as citizens, let us obey the law. Our lawmakers did not make the laws arbitrarily but they are with a specific purpose of either regulating human actions or minimizing deleterious effects brought about by our actions or both. A violation of a law oftentimes bears a corresponding penalty so that the same will become an effective social control. Dura lex, sed lex (the law may be hard, but it is the law). A discussion on the fact of their guilt or innocence is moot and academic, however, we can still do something to prevent such undesirable incident to happen again. Follow the law, observe the law, obey the law, respect the rule of law. We should start in our own country, so that when we travel abroad it will be easy for us to observe the foreign countries’ law. It is not about fearing the authorities, it is about becoming a responsible member of our polity.

Second, on the part of our government and the law enforcers, I understand the turmoil brought about by this fateful and tragic incident, so that we can use this to improve our system.  This was not the first time but hopefully this will be the last. We should strictly implement our security measures so that no contraband or violations of the law will be able to pass our jurisdiction unpunished, more so unnoticed. For several years, it is disappointing even exasperating to learn that violators have been apprehended in foreign countries but were able to pass through our securities undetected as if just walking in the park. For once, we should stop this appalling stereotype. We should implement our laws and our measures to the last possible scrutiny. The generality principle should be upheld without distinction or favor. Apply our laws to Filipinos and aliens alike, but without prejudice to our pursuit for an independent foreign policy. We are a wealthy nation, we are powerful, we are Filipinos.

            Finally, we should pray. Invoke the omnipotent power of the Almighty who is the source of all us and all of our works. Thus, I would like to end this entry with a prayer….

Dear God,

Thank you for teaching us to survive in the midst of the challenges that you are throwing at us. The tectonic movements, the tsunami, the storms, the wars and now the execution of our fellow Filipinos, thank you for making us strong and resilient.

I pray for the eternal repose of the souls of Sally Ordinario-Villanueva, Ramon Credo and Elizabeth Batain.

I pray for their families who are deeply grieving for the loss. May they be able gradually cope with such tragedy with the support of the community and the country. I do have relatives abroad, I do not want this to happen to them and to all Filipinos alike.

I pray that similar incidents will not happen again in the future.

I pray that the Philippines will heighten the implementation of its security measures so that at the earliest possible time, violations of the law will be detected. Offenders be punished under the laws of our land not in foreign jurisdictions which are beyond our control. Moreover, so that the innocent may have been freed and the real culprits would have been punished.

I pray that our people learn to obey, follow and respect our laws so that the Philippines will be better.

I pray that our foreign relations will remain strong, active and will be more pro people.

I pray that good conscience and good faith have impelled the execution not arbitrariness and wanton inhumanity.

I pray that the peoples of the world will one day unite and embrace brotherhood, peace and solidarity. Mushawara Mufakat.

Amen.

03/31/2011

11:48 am

Adsum

Looking Through

Each day I sit in front of a burning ball

A tube of light, of knowledge and of fear

Each day I sit in front of a long and eternal glass

Underneath I see a marble, wood, no—it is earth and stone.

Surrounded by whispers and noises, silence and tranquility

Movements and surprise, timidity and immobility

Catching my breath, clasping my wrist

Fighting against the open mouth ready to feed.

You threw the pebbles to guide my path

You lit the candles in the dark night

You made my eyes sharp and my senses alert

A warrior that can face all battles you molded me all these years.

As I stand I began to realize the hallow space as I look up

Is engulfing me slowly, very slowly, very slowly

Cold, heat, cold, heat, cold, heat

I feel cold, I feel heat, I feel cold yet your warmth keep me safe.

The ball is transforming into a supernova

Draining my energy, the glass is shattering in front of me

Knits of agonizing misery is strapping me

Motionless, motionless, motionless me.

I stared up above, beyond what my eyes could see

My heart, my mind and the wind are telling me

The reflection of your smile is visible from where I stand

You are safe wherever you are, I will be too here on land.

03/30/2011

10:09 am

(This is for a good friend who had just lost his father. My heartfelt condolence.)

SOME DOCTRINES IN LAND TITLES AND DEEDS

a. Forged document can be a source of a valid title

A forged or fraudulent document may become the root of a valid title if the property has already been transferred from the name of the owner to that of the forger. This doctrine serves to emphasize that a person who deals with registered property in good faith will acquire good title from a forger and be absolutely protected by a Torrens title.(Sps. Villamil vs. Velasco, G.R. No. 177187, 2009)

b. Mirror doctrine

General Rule:

1. Consistently, this Court has ruled that every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefor and the law will in no way oblige him to go beyond the certificate to determine the condition of the property.  Where there is nothing in the certificate of title to indicate any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore further than what the Torrens Title upon its face indicates in quest for any hidden defects or inchoate right that may subsequently defeat his right thereto. (Chua vs. Soriano, G.R. NO. 150066, 2007)

2. Time and again, this Court has ruled that a person dealing with the owner of registered land is not bound to go beyond the certificate of title as he is charged with notice of burdens on the property which are noted on the face of the register or on the certificate of title. (San Lorenzo Devt Corp vs. CA, G.R. No. 124242, 2005)

Exception/s:

1. However, when a person who deals with registered land through someone who is not the registered owner, he is expected to look behind the certificate of title and examine all the factual circumstances, in order to determine if the vendor has the capacity to transfer any interest in the land.  He has the duty to ascertain the identity of the person with whom he is dealing and the latter’s legal authority to convey. 

 The law “requires a higher degree of prudence from one who buys from a person who is not the registered owner, although the land object of the transaction is registered.  While one who buys from the registered owner does not need to look behind the certificate of title, one who buys from one who is not the registered owner is expected to examine not only the certificate of title but all factual circumstances necessary for him to determine if there are any flaws in the title of the transferor, or in his capacity to transfer the land.”  The strength of buyer’s inquiry on the seller’s capacity or legal authority to sell depends on the proof of capacity of the seller.  If the proof of capacity consists of a special power of attorney duly notarized, mere inspection of the face of such public document already constitutes sufficient inquiry.  If no such special power of attorney is provided or there is one but there appear flaws in its notarial acknowledgment, mere inspection of the document will not do; the buyer must show that his investigation went beyond the document and into the circumstances of its execution. (Chua vs. Soriano, G.R. NO. 150066, 2007)

2. This principle does not apply when the party has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make such inquiry or when the purchaser has knowledge of a defect or the lack of title in his vendor or of sufficient facts to induce a reasonably prudent man to inquire into the status of the title of the property in litigation.  One who falls within the exception can neither be denominated an innocent purchaser for value nor a purchaser in good faith. (Sps. Villamil vs. Velasco, G.R. No. 177187, 2009)

3.     In case of banking institutions…..

While the cases cited by petitioner held that the mortgagee is not under obligation to look beyond the certificate of title when on its face, it was free from lien or encumbrances, the mortgagees therein were considered in good faith as they were totally innocent and free from negligence or wrongdoing in the transaction.  In this case, petitioner knew that the loan it was extending to Garcia/TransAmerican was for the purpose of the development of the eight-unit townhouses.  Petitioner’s insistence that prior to the approval of the loan, it undertook a thorough check on the property and found the titles free from liens and encumbrances would not suffice.  It was incumbent upon petitioner to inquire into the status of the lots which includes verification on whether Garcia had secured the authority from the HLURB to mortgage the subject lots.  Petitioner failed to do so.  We likewise find petitioner negligent in failing to even ascertain from Garcia if there are buyers of the lots who turned out to be private respondents.  Petitioner’s want of knowledge due to its negligence takes the place of registration, thus it is presumed to know the rights of respondents over the lot.  The conversion of the status of petitioner from mortgagee to buyer-owner will not lessen the importance of such knowledge. Neither will the conversion set aside the consequence of its negligence as a mortgagee.

            Judicial notice can be taken of the uniform practice of banks to investigate, examine and assess the real estate offered as security for the application of a loan.  We cannot overemphasize the fact that the Bank cannot barefacedly argue that simply because the title or titles offered as security were clean of any encumbrances or lien, that it was thereby relieved of taking any other step to verify the over-reaching implications should the subdivision be auctioned on foreclosure.  (Homebankers Saving & Trust Co. vs. CA, G.R. No. 128354, 2005)

4.      In case of financing institutions…

            In the case at bar, GSIS is admittedly a financing institution.  In its answer to the complaint filed with the trial court, GSIS admitted knowledge that the spouses Jose C. Zulueta and Soledad B. Ramos owned the Antonio Subdivision when they mortgaged the same with GSIS.  In Sunshine Finance and Investment Corp. v. Intermediate Appellate Court, we held that when the purchaser or mortgagee is a financing institution, the general rule that a purchaser or mortgagee of land is not required to look further than what appears on the face of the title does not apply.  Further:

            Nevertheless, we have to deviate from the general rule because of the failure of petitioner in this case to take the necessary precautions to ascertain if there was any flaw in the title of the Nolascos and to examine the condition of the property they sought to mortgage.  The petitioner is an investment and financing corporation.  We presume it is experienced in its business.  Ascertainment of the status and condition of properties offered to it as security for the loans it extends must be a standard and indispensable part of its operations.  Surely it cannot simply rely on an examination of a Torrens certificate to determine what the subject property looks like as its condition is not apparent in the document.  The land might be in a depressed area.  There might be squatters on it.  It might be easily inundated. It might be an interior lot without convenient access.  These and other similar factors determine the value of the property and so should be of practical concern to the petitioner. (GSIS vs. dela Merced, G.R. No. 140398, 2001)

5. In the case of Domingo Realty vs. CA (2007), the SC had the occasion to give a precaution to prospective buyers of titled lands, to wit:

Hopefully this case will serve as a precaution to prospective parties to a contract involving titled lands for them to exercise the diligence of a reasonably prudent person by undertaking measures to ensure the legality of the title and the accurate metes and bounds of the lot embraced in the title.  It is advisable that such parties (1) verify the origin, history, authenticity, and validity of the title with the Office of the Register of Deeds and the Land Registration Authority; (2) engage the services of a competent and reliable geodetic engineer to verify the boundary, metes, and bounds of the lot subject of said title based on the technical description in the said title and the approved survey plan in the Land Management Bureau; (3) conduct an actual ocular inspection of the lot; (4) inquire from the owners and possessors of adjoining lots with respect to the true and legal ownership of the lot in question; (5) put up signs that said lot is being purchased, leased, or encumbered; and (6) undertake such other measures to make the general public aware that said lot will be subject to alienation, lease, or encumbrance by the parties. 

c. Rules applicable in Double Sale:

Civil Code, Art. 1544. If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property.

Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property.

Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith.

1. The principle of primus tempore, potior jure (first in time, stronger in right) gains greater significance in case of double sale of immovable property. When the thing sold twice is an immovable, the one who acquires it and first records it in the Registry of Property, both made in good faith, shall be deemed the owner. Verily, the act of registration must be coupled with good faith— that is, the registrant must have no knowledge of the defect or lack of title of his vendor or must not have been aware of facts which should have put him upon such inquiry and investigation as might be necessary to acquaint him with the defects in the title of his vendor. (San Lorenzo Devt Corp vs. CA, G.R. No. 124242, 2005)

d. Purchaser in good faith

1. A purchaser in good faith is one who buys property without notice that some other person has a right to or interest in such property and pays its fair price before he has notice of the adverse claims and interest of another person in the same property. (Chua vs. Soriano, G.R. NO. 150066, 2007)

2. Thus, the reliance by the Chuas on the notarial acknowledgment found in the duly notarized SPA presented by Celestino is sufficient evidence of good faith.  The Chuas need not prove anything more for it is already the function of the notarial acknowledgment to establish the appearance of the parties to the document, its due execution and authenticity.   (Chua vs. Soriano, G.R. NO. 150066, 2007)

A Point on Qaddafi

I have not wrote for a while and I believe this would be the first for this year (and hopefully not the last). I came across an article in foreignpolicy.com written by Ugandan President Yoweri Museveni entitled "The Qaddafi I Know". It spoke of his subjective perception of Qaddafi as an African fellow, as a world leader and as a State man.


Indeed Qaddafi is one of the misunderstood leaders who because of his independent-mindedness is being considered as a threat against the imposed world order. The African political culture has developed on its own based on the long history it went through. Power meant a lot because it was the only way by which they can protect their States against the colonial powers. Control within its territory is at all times necessary to maintain the cohesion as well as preserve the hard fought independence.


There is no doubt, Qaddafi has developed a very deep sense of nationalism to the point of doing everything to preserve its country against the foreigners even at the expense of its own citizens. 


The Libyan people should have decided on its fate, not the external forces who only know them on the facade.