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Constitutional law
Civil Law•Conflicts of Law•Constitutional law•Law School Notes

The Holy See vs. Hon. Eriberto U. Rosario.

January 30, 2023 by Vala No Comments

G.R. No. 101949, December 1, 1994.

FACTS:

Petitioners sold to Ramon Licup 3 lots namely 5-A, 5-B and 5-D with the agreement that the sellers clear the said lots of squatters who were then occupying the same. In view of the refusal of the squatters to vacate the lots sold to private respondent (Starbright Sales Enterprises). 

Starbright demanded the petitioners to fulfill their undertaking and clear the property of squatters; however the petitioner proposed that if Starbright would undertake the eviction of the squatters, the purchase price of the lots should be reduced or if not, that the earnest money be returned. Petitioner and the PRC, without notice to private respondent, sold the lots to Tropicana. 

Starbright filed a complaint for annulment of the sale of the three parcels of land, and specific performance and damages against the petitioner. It states that it is  willing and able to comply with the terms of the contract to sell and has actually made plans to develop the lots into a townhouse project, but in view of the sellers’ breach, it lost profits of not less than P30,000,000.00.

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Civil Law•Conflicts of Law•Constitutional law•Law School Notes

Juan G. Frivaldo vs. Commission on Elections.

by Vala No Comments

G.R. Nos. 120295 and 123755, June 28, 1996

FACTS:

Raul R. Lee, a candidate for  the position of Governor of Sorsogon, filed a petition with the Comelec for disqualification of Frivaldo by reason of not yet being a citizen of the Philippines.  COMELEC declares Frivaldo disqualified. The Motion for Reconsideration filed by Frivaldo remained unacted upon until after the May 8, 1995 elections. So, his candidacy continued and he was voted for during the elections held on said date. On May 11, 1995, the Comelec en banc affirmed the aforementioned Resolution of the Second Division.

Frivaldo won the election but Comelec en banc directed the Board of Canvassers to declare candidate Raul Lee as the winning gubernatorial candidate.

Frivaldo alleged that he had successfully acquired citizenship by repatriation under P.D. No. 725; that he took his oath of allegiance on June 30, 1995.

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Constitutional Law•Constitutional law•Law School Notes•Political Law

Republic of the Philippines vs Asuncion

by Vala No Comments

G.R. No. 200772, February 17, 2021.

FACTS:

In 1976, Paciencia Asuncion (Paciencia) and her children  filed an application for original registration of title over nine parcels of land located in Bambang, Bulakan, Bulacan. They claimed the simple ownership of the aforementioned lands by inheritance, accretion, and open, continuous, exclusive, and notorious possession under color of title for at least 30 years.

The application was opposed by petitioner Republic of the Philippines, on the ground that the lands covered by the application were unclassified forest lands within the public domain; and that certain parts of the lands covered by the application belong to Molina-Enriquez group and their predecessors-in-interest.

Due to several postponements and repeated motions to reset filed by the parties’ counsels, the case did not progress until April 29, 1986, when Paciencia and her children moved to amend their application to include another lot. In 1989, Paciencia died;  and was substituted by her children. The Asuncions entered into a compromise agreement with the Molina-Enriquez group whereby the former withdrew certain parcels of land from their application in exchange for the withdrawal of the latter’s opposition thereto.

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Commercial Law•Constitutional law•Law School Notes

United BF Homeowners’ Associations, Inc. vs. The (Municipal) City Mayor, Parañaque City

September 15, 2022 by Vala No Comments

G.R. No. 141010. February 7, 2007

FACTS

BF Homes Parañaque Subdivision is the largest subdivision in the country. On 11 November 1997, the Municipal Council of Parañaque enacted Municipal Ordinance No. 97-085 entitled, “An Ordinance Prescribing the Comprehensive Land Use Plan & Zoning of the Municipality of Parañaque Pursuant to the Local Government Code of 1991 and Other Pertinent Laws.” Sections 11.5 and 11.6 of Municipal Ordinance No. 97-08, reclassifying El Grande and Aguirre Avenues in BF Homes Parañaque from residential to commercial areas.

In 1998, petitioners alleged that the reclassification of certain portions of BF Homes Parañaque from residential to commercial zone is unconstitutional because it amounts to impairment of the contracts between the developer of BF Homes Parañaque and the lot buyers. Petitioners cited the annotation on the lot buyers’ titles which provides that “the property shall be used for residential purposes only and for no other purpose.” Public respondents alleged that the passage of Municipal Ordinance No. 97-08 is a valid exercise of police power by the Municipal Council of Parañaque and that such ordinance can nullify or supersede the contractual obligations entered into by the petitioners and the developer.

The Court of Appeals held that the enactment was a valid exercise of police power by the Municipality.

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