oflodoR-Rodolfo

Property Case Digest | Cortes v. Yu-Tibo

oflodor — Fri, 02 Sep 2011 13:02:22 +0000

Cortes v. Yu-Tibo

2 Phil 24

Facts:

The property of the wife of the plaintiff has certain windows through which it receives light and air. These windows have been in the existence since the year 1843 and the defendant, the tenant of the adjacent house has commenced certain work with the view to raising the roof of the house in such a manner that one-half of the windows in plaintiff’s house has been covered, thus depriving the building of a large part of the air and light formerly received through the window. The contention of the plaintiff is that by the constant and uninterrupted use of the windows during a period of fifty-nine years he acquired from prescription an easement of light in favor of his house, and as a servitude upon the adjacent house and, consequently, has acquired the right to restrain the making of any improvements in the latter house which might in any manner be prejudicial to the enjoyment of the said easement. He contends that the easement of light is positive and that therefore the period of possession for the purposes of the acquisition of a prescriptive title is to begin from the date on which the enjoyment of the same commenced. The defendant, on the contrary, contends that the easement is negative, and that therefore the time for the prescriptive acquisition thereof must begin from the date on which the owner of the dominant estate may have prohibited, by a formal act, the owner of the servient estate from doing something which would be lawful but for the existence of the easement.

Issue:

Are windows placed on the owner’s house considered as positive easement?

No, citing Spanish Held:

jurisprudence, the said court holds that “the prescription of the easement of lights does not take place unless there has been some act of opposition on the part of the person attempting to acquire such a right against the person attempting to obstruct its enjoyment because they are of a negative character, can not be acquired by a prescriptive title, even if continuous, or although they may have been used for more than twenty-eight years, if the indispensable requisite for prescription is absent, which is the prohibition on the one part, and the consent on the other, of the freedom of the tenement which it is sought to charge with the easement”. That the easement of light which is the object of this litigation is of a negative character, and therefore pertains to the class which can not be acquired by prescription as provided by article 538 of the Civil Code, except by counting the time of possession from the date on which the owner of the dominant estate has, in a formal manner, forbidden the owner of the servient estate to do an act which would be lawful were it not for the easement.

Property Case Digest | Jabonete v. Monteverde

oflodor — Fri, 02 Sep 2011 13:01:00 +0000

Jabonete v. Monteverde

16 SCRA 462

Facts:

Antonio Legaspi acquired the lot in question with the knowledge that an easement of right of way existed in favor of the petitioner. An amicable settlement between the two parties provided the terms on the right of way. At the same time, both parties complied with its terms until the plaintiffs, unable to continue with their repair shop, transferred to another place in December 1959 whereupon the defendant reconstructed his fence and its footing, closing thereby the opening previously made by the plaintiffs. the plaintiffs’ lot was foreclosed by the Development Bank of the Philippines (DBP) which, later still, conveyed it under a conditional sale to Mrs. Luz Arcilla. On her acquisition of the said lot, Mrs. Arcilla demanded of the defendant the re-opening of the fence in question as it was her plan to construct her house in the said lot. When the defendant refused, the Development Bank filed with the lower court a petition to hold the said defendant in contempt which the lower court considers.

Issue:

Is the servitude of right of way extended to Mrs. Arcilla, the buyer of the land of the petitioner?

Held:

No. the servitude is a personal one. The servitude established was clearly for the benefit alone of the plaintiffs and the persons enumerated in the agreement and it is clear that the lower court, as well as the parties addressed by the said order, did not intend the same to pass on to the plaintiffs’ successors-in-interest. In other words, the right acquired by the original plaintiffs was a personal servitude under Article 614 of the Civil Code, and not a predial servitude that inures to the benefit of whoever owns the dominant estate. Another evidence that the servitude in question was personal to the plaintiffs is the fact that the same was granted to the latter without any compensation to the respondent-appellant.

Property Case Digest | Purugganan v. Paredes

oflodor — Fri, 02 Sep 2011 13:00:05 +0000

Purugganan v. Paredes

69 SCRA 69

Facts:

Petitioner, Emilio Purgganan is the owner of a piece of residential lot in Bangued, Abra which is subject to an easement of drainage in favor of respondent Felisa Paredes quoted in the Decree of Registration of the Court of Abra. Later, the respondent constructed a house constructed a house in such a manner that its southern portion is exactly on the brick wall, separating the two properties, with windows both in first and second floors and the roof protrudes within the property of the petitioner. The latter asked the latter to reconstruct the house. Respondent Paredes contended that the house was only reconstructed for the brick wall existed from time immemorial. That it belongs to them and was destroyed by the bombing in Bangued and hence, the easement of light and view were already acquired by prescription.

Issue:

Is the easement not included in the registration of the property of the servient owner can be acquired by prescription?

Held:

No. Every person receiving a certificate of title in pursuance of a decree of registration shall hold the same free of all encumbrances except those noted in said certificate. An easement is extinguished or cut-off by the registration of the servient estate under theTorrenssystem without the easement being annotated on the corresponding certificate of title.

LG OPTIMUS 2X and OPTIMUS BLACK: Genius Phones

oflodor — Thu, 16 Jun 2011 06:32:52 +0000

Beauty, Elegance, Capability, the LG OPTIMUS 2X and the LG OPTIMUS BLACK captures it all.

Question: What Makes A Smartphone a GENIUS Phone?

Answer: When it’s an LG!!!

LG has released two new phones that make Smartphones a thing of beauty, a GENIUS Phone.

LG OPTIMUS 2X and OPTIMUS BLACK

You can purchase the LG OPTIMUS 2X here for only $469.99. That’s already a big discount that you shouldn’t miss.

THE LG OPTIMUS 2X

LG OPTIMUS 2X

You can purchase the LG OPTIMUS 2X here for only $469.99. That’s already a big discount that you shouldn’t miss.

The LG OPTIMUS 2X is a GENIUS Phone by virtue of its key features that would blow your mind away. The LG Optimus 2X is the first Phone that uses a dual-core Tegra 2 processor running at 1 GHZ. Man that’s fast! With such capacity, you could use the LG Optimus 2X to go full 1080p TV-out via HDMI and video capture with an 8 Megapixel rear camera, and 1.3 megapixel front camera.
Fast processor, High Megapixel Camera, need I say more? With these capabilities, I won’t need a bulky DSLR to capture those special moments. Anniversaries, Birthdays, Graduations, and others just as special won’t be left uncaptured.
Also, with an 8 GB on board memory, which can be expanded to 32 GB of Micro SD, storage won’t be a problem.
Easy access, easy to carry, and easy to use. What more are you looking for? Now I can just as easily be in the pictures that I take while taking them.
Smartphone? An understatement, GENIUS Phone fits more perfectly.

THE LG OPTIMUS BLACK

LG OPTIMUS BLACK

The LG Optimus Black not only offers you capability, but also style. Slim and a high level of style is what defines this phone.

Along with the slim and stylish exterior, the very light weight and feel, come with a 2 Megapixel front Camera. Now I can take self photos easily with compromising the quality.
At the back is the 5 Megapixel Camera and an LED flash. Taking pictures in dark places would never be a problem. Clubbing? No problem. I keep in style, and take quality pictures with the LG Optimus Black.
Display problems? Not with the LG Optimus Black. I can see clearer with its Nova display which is the brightest and most readable display ever.
It certainly puts the “GENIUS” in a Smartphone.

The LG Optimus 2X and Optimus Black, two phones that scream elegance, beauty, and capability. In my daily routines, I could certainly use both phones to my advantage. While running in the mornings, I could just as easily listen to running music and stop to take photos of the stunning sunrise views. Lunch events would never be forgotten, as I use the high megapixel cameras and high capability phones of LG. And dinner events won’t go unnoticed with the LG Optimus 2X and Optimus Black. All the while staying as stylish as ever with the designs of LG.
Now, I can truly say that smartphones are “GENIUS” Phones when it’s an LG.

Property Case Digest | Cid v. Javier Digest

oflodor — Thu, 19 May 2011 13:21:28 +0000

Cid v. Javier Digest
108 Phil. 850

Facts:
Respondents Irene P. Javier, et al., are owners of a building standing on their lot with windows overlooking the adjacent lot. They alleged that they acquired by prescription an enforceable easement of light and view arising from a verbal prohibition to obstruct such view and light, which have been made upon petitioner’s
predecessor-in-interest as owner of the adjoining lot. Petitioner Laureana Cid argued that the windows in question are admittedly in respondents’ own building erected on their own lot. The easement, if there is any, is therefore a negative one, thus requires a formal act.

Issue:
Is the easement acquired by the respondent?

Held:
No, the easement requires a formal act in order for it to be acquired by prescription. An oral prohibition is not sufficient, nor any writing, but one executed in due form and solemn formalities because easements constitute an encumbrance on the servient’s owner’s right of ownership. The requirement that the prohibition (the equivalent of the act of invasion) should be by “a formal act”, is through an instrument acknowledged before a notary public.

Property Case Digest | Solid Manila Corporation v. Bio Hong Trading C., Inc.

oflodor — Thu, 19 May 2011 13:20:07 +0000

Solid Manila Corporation v. Bio Hong Trading C., Inc.
195 SCRA 748

Facts:
Petitioner is the owner of a parcel of land located in Ermita, Manila, covered by Transfer Certificate of Title of the Register of Deeds of Manila. The same lies in the vicinity of another parcel, registered in the name of the private respondent corporation under Transfer Certificate of Title. An annotation was entered in the private respondent’s title for the construction of a private alley. he petitioner claims that ever since, it had (as well as other residents of neighboring estates) made use of the above private alley and maintained and contributed to its upkeep, until sometime in 1983, when, and over its protests, the private respondent constructed steel gates that precluded unhampered use. Subsequently, the latter moved to have the order lifted, on the grounds among others that the easement referred to has been extinguished by merger in the same person of the dominant and servient estates upon the purchase of the property from its former owner;

Issue:
Is the easement extinguished?

Held:
No. There is no question that an easement, as described in the deed of sale executed between the private respondent and the seller, had been constituted on the private respondent’s property, and has been in fact annotated at the back of Transfer Certificate of Title. That the alley shall remain open at all times, and no obstructions whatsoever shall be placed thereon. Servitudes are merely accessories to the tenements of which they form part. Although they are possessed of a separate juridical existence, as mere accessories, they can not, however, be alienated from the tenement, or mortgaged separately.

Property Case Digest | Policarpio v. Asuncion

oflodor — Thu, 19 May 2011 13:18:58 +0000

Policarpio v. Asuncion
16 SCRA 154

Facts:
In a duly probated last will and testament of one Damasa Crisostomo, she gave the naked ownership of a fishpond owned by her to her sister Teodorica de la Cruz while its usufruct to the children of her three cousins, fourteen in all. The usufructuary was leased to Gil Policarpio who used to give them proportionately their share. During the term of the lease, however, three of the usufructuaries died, and so, upon their death, both the naked owner and the remaining usufructuaries claimed the shares corresponding to the deceased usufructuaries. This prompted the lessee to withhold the payment and commenced the action for interpleader against the naked owner and the usufructuaries. Defendant avers as special defense that he is the successor-in-interest of Teodorica de la Cruz and as such he is entitled to the shares corresponding to the three deceased usufructuaries inasmuch as the usufruct in their favor was automatically extinguished by death and became merged with the naked owner. The surviving usufructuaries, on the other hand, adhere to the theory that since the usufructuaries were instituted simultaneously by the late Damasa Crisostomo, the death of the three usufructuaries did not extinguish the usufruct, hence, the surviving usufructuaries are entitled to receive the shares corresponding to the deceased usufructuaries, the usufruct to continue until the death of the last usufructuary.

Issue:
Whether or not the surviving usufructuaries are entitled to the fruits that would have corresponded to the deceased usufructuaries, or the naked owner?

Held:
It will favor the surviving usufructuaries. If the theory of appellee in the sense that the death of the three usufructuaries has the effect of consolidating their rights with that of the naked owner were correct, Article 611 of the Civil Code would be superfluous, because Article 603 already provides that the death of the usufructuary extinguishes the usufruct unless the contrary appears. Furthermore, said theory would cause a partial extinction of the usufruct, contrary to the provisions of Article 611 which expressly provides that the usufruct shall not be extinguished until the death of the last survivor. The theory of appellee cannot, therefore, be entertained. It is clearly implied from the injunction that should any of them die, the share shall accrue to the surviving ones.

Lights Out… Cancelled

oflodor — Sun, 27 Mar 2011 11:26:37 +0000

Lights Out

There’s this series that I’ve been watch for quite a while now. It’s entitled “Lights Out”. Lights Out is about a boxer by the name of Patrick “Lights” Leary. He was a Champion, until his championship was taken away when he lost in his last fight. His wife made him stop boxing. Lights didn’t need to fight because he was set for life, or so they thought. With some bad investments and bad decisions, Lights was in a slump and was near to being bankrupt. He tried everything and eventually got entangled with the underground elements. Now he is training for the rematch with the man who took his belt, and to get the cash he would earn from the fight, about 4 million dollars, which would take him out of his situation.

Lights out is only in its first season… but will not be continued for its second season. It’s sad really. Just when it was getting interesting and just when Lights was about to rise up, they are going to cut the series short.

The discontinuing of Lights Out for the second season is brought by the low percentage of viewers. I say, the fact that there are viewers should be enough reason to continue the series. They just have to tweak the series a bit in order to raise the numbers.

I am sad to hear of such news, and I hope they change their minds as to the discontinuation…

Mga friends! Sali naman kayo sa ph.churpchurp.com! The more the merrier! Kikita ka pa!

oflodor — Wed, 23 Mar 2011 16:14:39 +0000

Mga friends! Sali naman kayo sa ph.churpchurp.com! The more the merrier! Kikita ka pa!.

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sushi cravings

oflodor — Tue, 22 Mar 2011 10:22:11 +0000

FOOD | OMAKASE

Great food finds at Alabang Town Center!

An uncle of a friend of mine owns a Japanese Restaurant called OMAKASE. This particular restaurant has a place in ATC but it’s somewhat hidden particularly placed at Lower Level Casa Susana Bldg, Madrigal Ave., but nevertheless it is always packed, they also have other establishments at LIBIS (2F Intrepid Plaza Bldg. E. Rodrigues Ave. QC), TOMAS MORATO (II Terrazzo, Scout Madarinan QC) , GREENHILLS (Conneticut Arcade, Greenhills Shopping Center, San Juan, Metro Manila.) , and also in MAKATI AVE (Ayala Triangle Gardens, Makati Avenue, Makati City). Many go there to have a taste of their fine cooking, with the likes of their Nabe, Udon choices, their soups, appetizers like the Seafood Crepe salad. They also serve Beef, Pork, Poultry, and Seafood ALA Carte that ranges from 140php to 450php for those who would want to have a whole meal. They also do Party tray which cost for about 1400php to 2750php this being said they have a promo for this being that if you should have it for takeout instead you’ll receive a free maki with it. Their Sushi is the best I have tasted yet. I really love their sushi and the good service they bring to the costumers. That all been said this is a good restaurant for your Japanese cuisine cravings, though a bit pricey it is worth it. Here are some of the foods we’ve eaten there.