Archive for December, 2016


CASE 2016-0085: REPUBLIC OF THE  PHILIPPINES, REPRESENTED BY MA CT AN-CEBU INTERNATIONAL AIRPORT  AUTHORITY (MCIAA), V. LIMBONHAI AND SONS, (G.R. NO. 217956, 16 NOVEMBER 2016,  PERALTA, J) (SUBJECT/S: EXPROPRIATION; EMINENT DOMAIN; LACHES; TORRENS SYSTEM; PREPONDERANCE OF EVIDENCE) (BRIEF TITLE: REPUBLIC VS LIMBONHAI)

 

DISPOSITIVE:

 

“WHEREFORE, the petition is hereby DENIED. The Court AFFIRMS the Decision promulgated on April 10, 2014 by the Court of Appeals.

 

SO ORDERED”

 

SUBJECTS/DOCTRINES/DIGEST:

 

HOW DO SC LOOK AT THE LOWER COURT’S FINDINGS?

 

IF AFFIRMED BY THE CA, THESE FINDINGS  ARE FINAL AND CONCLUSIVE?

 

WHY?

 

BECAUSE SC IS NOT A TRIER OF FACTS.

 

IT IS NOT THE FUNCTION OF SC TO ANALYZE OR WEIGH EVIDENCE ALL OVER AGAIN.

 

ARE THERE EXCEPTIONS TO THIS RULE?

 

YES.

 

WHEN THERE IS A SHOWING THAT THE FINDINGS OF THE LOWER COURTS ARE ABSOLUTELY DEVOID OF EVIDENCE.

 

OR

 

ARE GLARINGLY ERRONEOUS AS TO CONSTITUTE PALPABLE ERROR OR GRAVE ABUSE OF DISCRETION.

 

IN THIS CASE IS THERE A GROUND TO APPLY THE ABOVE EXCEPTIONS?


NONE.

 

THE FINDINGS AND CONCLUSIONS OF THE APPELLATE COURT ARE IN FULL ACCORD WITH THOSE OF THE TRIAL COURT.

 

WHAT IS THE RIGHT OF EMINENT DOMAIN?

 

IT IS THE RIGHT OF THE SOVEREIGN POWER TO APPROPRIATE ANY PROPERTY WITHIN ITS TERRITORIAL SOVEREIGNTY FOR A PUBLIC PURPOSE.

 

WHAT IS THE  NATURE AND SCOPE OF SUCH POWER?

 

IT IS AN INDISPENSABLE ATTRIBUTE OF SOVEREIGNTY;

 

A POWER GROUNDED IN THE PRIMARY DUTY OF GOVERNMENT TO SERVE THE COMMON NEED AND ADVANCE THE GENERAL WELFARE.

 

MUST THE RIGHT OF EMINENT DOMAIN BE SUPPORTED BY CONSTITUTIONAL PROVISION?

 

NO.

THE CONSTITUTION DOES NOT GRANT IT. IT ONLY LIMITS SUCH POWER OTHERWISE IT IS LIMITLESS.

 

IN OUR CONSTITUTION HOW IS IT LIMITED?

 

OUR CONSTITUTION PROVIDES THAT “PRIVATE  PROPERTY SHALL NOT HE TAKEN FOR PUBLIC USE WITHOUT JUST COMPENSATION.”

 

ALSO,  THE DUE PROCESS AND EQUAL PROTECTION CLAUSES ACT AS ADDITIONAL SAFEGUARDS AGAINST THE ARBITRARY EXERCISE OF THIS GOVERNMENTAL POWER.

 

HOW WILL THE EXERCISE OF SUCH POWER BE REGULATED?

 

A STRICT CONSTRUCTION WILL BE GIVEN AGAINST THE GOVERNMENT WHEN IT ASSERTS SUCH  POWER.

 

WHY IS THAT SO?

 

BECAUSE THAT POWER IS NECESSARILY IN DEROGATION OF PRIVATE RIGHTS.

 

IT IS ONE OF THE HARSHEST PROCEEDINGS KNOWN TO THE LAW.

 

WHO HAS THE BURDEN OF PROVING ALL THE ESSENTIALS NECESSARY TO SHOW THE RIGHT OF CONDEMNATION?

 

THE GOVERNMENT.

 

IT HAS THE BURDEN OF PROOF TO ESTABLISH THAT IT HAS COMPLIED WITH ALL THE REQUIREMENTS PROVIDED BY LAW FOR THE VALID EXERCISE OF THE POWER OF EMINENT D0MAIN SUCH AS THE PAYMENT OF JUST COMPENSATION.

 

 IN THIS CASE DID THE GOVERNMENT  PROVED THE PAYMENT OF JUST COMPENSATION?

 

NO.

WHAT IS LACHES?

 

IT IS THE FAILURE OR NEGLECT, FOR AN UNREASONABLE LENGTH OF TIME TO DO THAT WHICH BY EXERCISING DUE DILIGENCE COULD OR SHOULD HAVE BEEN DONE EARLIER;

 

IT IS NEGLIGENCE OR OMISSION TO ASSERT A RIGHT WITHIN A REASONABLE TIME WARRANTING A PRESUMPTION THAT THE PARTY ENTITLED TO ASSERT IT HAS EITHER ABANDONED IT OR HAS DECLINED TO ASSERT IT.

 

IT HAS ALSO BEEN DEFINED AS SUCH NEGLECT OR OMISSION TO ASSERT A RIGHT TAKEN IN CONJUNCTION WITH THE LAPSE OF TIME AND OTHER CIRCUMSTANCES CAUSING PREJUDICE TO AN ADVERSE PARTY.

 

WHAT IS THE BASIS OF LACHES?

 

EQUITY.

 

IS IT TO PENALIZE NEGLECT OR SLEEPING UPON ONE’S RIGHT?

 

NO.

 

IT IS TO AVOID RECOGNIZING A RIGHT WHEN TO DO SO WOULD RESULT IN A CLEARLY INEQUITABLE SITUATION.

 

IN THIS CASE IT DOES NOT CONCERN ITSELF WITH THE CHARACTER OF THE DEFENDANT’S TITLE, BUT ONLY WITH WHETHER OR NOT BY REASON OF THE PLAINTIFFS LONG INACTION OR INEXCUSABLE NEGLECT, HE SHOULD HE BARRED FROM ASSERTING THIS CLAIM AT ALL, BECAUSE TO ALLOW HIM TO DO SO WOULD HE INEQUITABLE AND UNJUST TO THE DEFENDANT.

 

WHAT IS THE BASIS OF THE DOCTRINE OF LACHES OR STALE DEMANDS?

 

PUBLIC POLICY.

 

FOR THE PEACE OF SOCIETY,.

 

IT  IS PRINCIPALLY A QUESTION OF THE INEQUITY OR UNFAIRNESS OF PERMITTING A RIGHT OR CLAIM TO BE ENFORCED OR ASSERTED.

 

IN THIS CASE THE GOVERNMENT’S INACTION IN PAYING THE JUST COMPENSATION FOR THE PROPERTY FOR MORE THAN 30 YEARS IS FATAL TO THEIR CAUSE OF ACTION AS LACHES HAS INDEED ALREADY SET IN.

 

HOW WILL THE APPLICATION OF LACHES BE DETERMINED?

 

IT IS  ADDRESSED TO THE SOUND DISCRETION OF THE COURT AS ITS APPLICATION IS CONTROLLED BY EQUITABLE CONSIDERATIONS.

 

IN THIS CASE  THE INACTION OF MCIAA FOR OVER 30 YEARS HAS REDUCED ITS RIGHT TO REGAIN POSSESSION OF THE SUBJECT PROPERTY TO A STALE DEMAND.

 

THE GOVERNMENT ARGUED THAT THE RESPONDENT CORPORATION ACTED IN BAD FAITH IN ACQURING TITLE OVER SUBJECT PROPERTY. IS THIS ARGUMENT CORRECT?

 

NO.

IT IS IMMATERIAL WHETHER THERE WAS BAD FAITH BECAUSE THE GOVERNMENT HAS NO TITLE TO SPEAK OF. IT DID NOT COMPLETE THE EXPROPRIATION PROCESS BY ITS FAILURE TO PAY JUST COMPENSATION.

 

SUPPOSE THE PROCUREMENT OF TITLE WAS TAINTED WITH FRAUD AND MISREPRESENATION, WILL SUCH DEFECTIVE TITLE BE THE SOURCE OF A VALID TITLE?

 

YES. WHERE  INNOCENT THIRD PERSONS, RELYING ON THE CORRECTNESS OF THE CERTIFICATE OF TITLE THUS ISSUED, ACQUIRE RIGHTS OVER THE PROPERTY.

 

THE COURT CANNOT DISREGARD SUCH RIGHTS AND ORDER THE TOTAL CANCELLATION OF THE CERTIFICATE.

 

THE EFFECT OF SUCH AN OUTRIGHT CANCELLATION WOULD BE TO IMPAIR PUBLIC CONFIDENCE IN THE CERTIFICATE OF TITLE, FOR EVERYONE DEALING WITH PROPERTY REGISTERED UNDER THE TORRENS SYSTEM WOULD HAVE TO INQUIRE IN EVERY INSTANCE WHETHER THE TITLE HAS BEEN REGULARLY OR IRREGULARLY ISSUED.

 

THIS IS CONTRARY TO THE EVIDENT PURPOSE OF THE LAW AS 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 BEHIND THE CERTIFICATE TO DETERMINE THE CONDITION OF THE PROPERTY. THEY ARE ONLY CHARGED WITH NOTICE OF THE LIENS AND ENCUMBRANCES ON THE PROPERTY THAT ARE NOTED ON THE CERTIFICATE.

 

WHAT IS THE MAIN PURPOSE OF THE TORRENS SYSTEM?

 

TO AVOID POSSIBLE CONFLICTS OF TITLE TO REAL ESTATE

 

AND

 

TO FACILITATE TRANSACTIONS RELATIVE THERETO BY GIVING THE PUBLIC THE RIGHT TO RELY UPON THE FACE OF A TORRENS CERTIFICATE OF TITLE AND TO DISPENSE WITH THE NEED OF INQUIRING FURTHER, EXCEPT WHEN THE PARTY CONCERNED HAS ACTUAL KNOWLEDGE OF FACTS AND CIRCUMSTANCES THAT SHOULD IMPEL A REASONABLY CAUTIOUS MAN TO MAKE SUCH FURTHER INQUIRY.

 

IN CIVIL CASES, WHAT MUST BE ESTABLISHED?

 

THE PARTY HAVING THE BURDEN OF PROOF MUST ESTABLISH HIS CASE BY A PREPONDERANCE OF EVIDENCE.

 

WHAT IS PREPONDERANCE OF EVIDENCE?

 

IT IS THE WEIGHT, CREDIT, AND VALUE OF THE AGGREGATE EVIDENCE ON EITHER SIDE, AND IS USUALLY CONSIDERED TO BE SYNONYMOUS WITH THE TERM GREATER WEIGHT OF THE EVIDENCE OR GREATER WEIGHT OF THE CREDIBLE EVIDENCE.

 

PREPONDERANCE OF EVIDENCE IS A PHRASE THAT MEANS, IN THE LAST ANALYSIS, PROBABILITY OF THE TRUTH.

 

IT IS EVIDENCE THAT IS MORE CONVINCING TO THE COURT AS WORTHY OF BELIEF THAN THAT WHICH IS OFFERED IN OPPOSITION THERETO.

 

IN THE CASE AT BAR, MCIAA FAILED TO DISPENSE ITS BURDEN OF PROVING BY CLEAR AND CONVINCING EVIDENCE THAT IT HAS A RIGHT TO HAVE THE TCT ISSUED IN THE NAME OF RESPONDENT CORPORATION CANCELLED.

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

scd-2016-0085-republic-of-the-philippines-vs-limbonhai-and-sons

 

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.

 

 

TRIVIA 0048 – FATHER OF THE GROOM SPEECH – SOME POINTERS

 

SOURCE: INTERNET FILES

 

NOTE NO. 1

“I can still remember giving my Groom Wedding Speech a number of years ago. For myself, it was not a actual complicated procedure due to the fact I had been involved with Toastmasters for over five several years. However, for some men, delivering a groom wedding speech can be a huge headache for them because they aren’t confident about speaking in public. If I can provide you with one piece of advice about giving your wedding speech, just recall that it’s just a heart to heart speak. You seriously don’t must be a beneficial speaker. You really don’t have to get hilarious. You just have to get sincere.

Now that I’ve told you that you don’t have to be beneficial or humorous, you are almost certainly wondering what the secret is to giving a excellent groom wedding speech. The key is right preparation and planning. Appropriate planning will consist of things like things like utilizing wedding planning books and guides to prepare your wedding chat. I utilized a guide that I bought on the web to assist me in writing a wedding speech. There were tons of groom wedding speech examples and this truly helped me out. All I did was use a person with the templates and add my own words to generate it quite personable.

The speech guide integrated a lot of wedding examples speeches including father from the bride speech and best man toasts. I learned that I necessary to coordinate with my best man, father from the bride, and my bride about what I was going to say. I truly did not wish to repeat what they had been preparing to say. Additionally, I didn’t want to throw any surprises in my grooms speech that would embarrass everyone in the wedding party or guests. A beneficial top quality wedding guide will aid you all all these matters.

The easiest way for me to plan and write my wedding speech was to utilize the groom wedding speech template and then record my speech on my pc and play it back. This gave me the confidence that I necessary to offer a heartwarming wedding discuss.

Since your wedding is a single particular in the most significant days of your respective respective life, you must give a speech which is organized and remembered by all. Just don’t not steal the limelight from your bride.

It is constantly fun to explain how the two of you met and also a couple of hilarious issues that happened during your courtship. Never worry about saying well-known quotes or words of wisdom that did not come from you. In the event you are not witty, then don’t pretend.

Talk briefly (not minutes) to thank people who contributed to making the wedding a success. Thank your in-laws, parents, brothers and sisters, and all men and women else including the wedding party who made this a extremely unique morning. Most significant all, thank your bride!

Just to make certain that you have integrated every person. Explain in a nice way that you just simply are a little nervous and are unable to bear in mind everybody. Apologize for forgetting any person and move on.

Some of one’s guests like hilarious groom speeches and some usually don’t. If it is possible to be hilarious and get away with it by all means do it. But for those who usually are not amusing, grooms speech jokes have a tendency to let the wind out of one’s sails. Worse yet, your bride will also be embarrassed. I would look on YouTube for some humorous wedding speeches and come across out what works and what doesn’t.

I desire to caution you to use humor with extreme care as you truly will not should hurt anyone’s feelings. Your wedding day could turn into a family feud and be remembered for ever as that.

If you are going to make fun of anybody, joke about yourself and your best man.

The best man toasts tend for making exciting from the groom so expect retribution in-kind.

Father Of the Bride Speech can be another integral part of your wedding working day. I talked with my father-in-law usually about my wedding day. Your future father-in-law may be your greatest ally in delivering your wedding speech. I said only details that would create him up as a guy as well as a leader. He will return the favor when he delivers his tribute to you and also the bride. Seriously don’t feel poor if he forgets to mention you at all. It is his daughter that he’s loosing. Actually feel lucky if he smiles at you.

You are intending to must coordinate with your best man prior to you give your groom speech. He is planning to roast you in the course of the best man toast. Set the ground rules firmly. You will be going to have to know a number of the details of how he is likely to embarrass you. As long as he does not chat about past relationships, old girlfriends, or stupid things that will incriminate you, this is okay. The bride is completely off-limits. He will not say anything to embarrass her.

The best man wedding speech is actually a time-honored tradition. Nearly all Western weddings incorporate this. As I mentioned prior to, the two of you must converse about what you will be intending to say and what you are not intending to say. Just recall that the bride is off-limits and he are unable to converse about any other women that have been in your life. You are heading to get a severe ribbing and you’d far greater take it like a dude and enjoy it. Let him know that he is not to consume any alcohol at all until after he delivers the best man toast.

Wedding planning books are a wonderful method to stay organized and make your working morning simple. These planning publications will offer you sample speeches, wedding speeches order, and wedding speech templates. My advise is to use numerous guides. Most are priced less than $25. Acquire your self a wedding guide like the one that I employed for making you sound like a million bucks in your wedding day. Planning guides will support you from beginning to end.”


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NOTE NO. 2

In order to impress your son, family, and the guests, your father of the groom speech should start with a great opener. 

A great opening will undoubtedly create beautiful memories and captivate the wedding guests.

Since a strong opening is critical to grabbing the attention of the audience, you should prepare way ahead of time so you don’t come off as a boring speaker.

Though the master of ceremonies might introduce you before you speak, you have to tell the audience who you are and your relationship to the groom when you grab the mic. For instance…you can say

I am Bob and Mike’s dad.

After, you should greet the audience and express appreciation to the guests for coming .Wedding speech etiquette demands that you do just that.

Here Are Useful Pointers To Help You Give A Memorable Introduction:

You can start off with a funny story or even begin with a joke if you are a naturally funny person. Avoid it if you are not. You might embarrass yourself if you force yourself to do something hilarious. It is best to stick to a style that you can do best.

You can also begin with a quote on marriage or share your personal reflections about the joy of parenting.

To make it more memorable, you can put your opening lines in song, poetry or have it dramatized.

Storytelling can add a bite to your presentation. So, if you know of any story that is connected to marriage, you can make use of it. Interesting stories about your son will also be fine.

After you have greeted the audience, you should thank the organizers, your own family, those who were instrumental in his upbringing and everyone in the room.

Your opening lines of your father of the groom speech can also be used to thank your in-laws for their help and support. Particularly the brides’ parents.
You may begin with a personal story of how you got married and share some lessons from it.

PLEASE NOTE: As you speak, do not reveal any details that will embarrass your boy— issues like mentioning his soft spots, past relationships, and so on.

Here Is An Example

I’ d like to give an example here so you can get the picture well

”Good evening Ladies and Gentleman. I am Bob and Mike’s dad. On behalf of my wife Ruth, we are so thankful to you all for being part of this great day. Great people like you make the world a merry place. We’d also like to thank Jerry and Angela (the bride’s dad and mom) for their help and support ’’

Hope that is clear.

Aside grabbing the attention of the audience, a memorable father of the groom speech opener will make your son and family proud and relieve you of tension if done very well.

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NOTE NO. 3

Parents of the Groom Speech

Wishing the Couple Well

The groom’s parents’ speech is a relatively new addition to the wedding speech lineup. Traditionally only three speeches were given: the parents of the bride speech, the groom’s speech and the best man’s speech. Today, more of the couple’s loved ones are taking the opportunity to openly wish the couple well and share words of wisdom. Having raised and loved the groom his entire life the groom’s parents have certainly earned the right to give a speech.

Start by acknowledging the toast of the previous speaker. It will likely be the best man or the maid of honor. Now thank the guests. You may want to keep this brief as the guests have been thanked profusely by this point. Perhaps call attention to the guests on your side of the family that traveled far to attend the wedding.

If the bride’s parents acknowledged your contributions to the wedding now is the time to reply in kind. If the couple paid for the wedding themselves commend them on their exceptional achievement. Also use this opportunity to honor the joining of the two families. A simple heartfelt message works best. Praise the virtues of your charming new daughter-in-law. Also express your gratitude to the bride’s parents at how completely they’ve welcomed your son into their family. If appropriate, relate a happy incident of when you and your wife’s families bonded together as one. In short, express your solidarity with the bride’s family.

This next part of your speech is devoted to your son. Tell him how handsome he looks. Compliment him on the success of the wedding. Share some of your favorite memories of the groom’s childhood – those moments that feel “just like yesterday”. And of course let your son know how much he means to you. Don’t be afraid to display your emotions. A wedding is one of those rare events where the guests are expecting some tears!

Now offer some words of wisdom to the couple. This can be a humorous anecdote drawn from experience, a fitting quote or a sweet poem. Your advice should provide a lighthearted view on the joys and tribulations of marriage. Your speech concludes with a toast to the couple’s future joy and good fortune. If another speaker is to follow (either the maid of honor or the bride) a toast should also be made in their name.

If you decide to have only one person give the speech (usually the father) be sure your comments include your partner. As your speech expresses both your thoughts and feelings both should stand at the microphone or podium.

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NOTE NO. 4

Wedding Speech Ideas

Unique Ideas for Your Speech

Whether it’s stage fright, or simply not knowing what to say, giving a wedding speech is a nerve-wracking ordeal for many people. However, for every reason not to give a regular speech there are even more reasons to give a wedding speech. This isn’t just any speech, nor is this just any audience. These are your closest friends and family – they’re not there to judge you. In fact, most of the guests will commend you on your willingness to say a few words. Of all the reasons to give a wedding speech the most important is how much it will mean to the bride and groom. Only those closest to the bride are groom give a wedding speech – it’s an honor to be asked. By keeping that in mind, giving your speech may be less nerve-wracking (and more fun!) than you first anticipated.

If it’s simply a matter of not knowing what to say the more traditional wedding speeches, (including the parents of the bride speech, best man’s speech and groom’s speech) already have established expectations. The bride’s parents’ speech is normally sweet and sentimental, the groom’s speech is a formal thank you and the best man’s speech is the funniest of them all. If your speech doesn’t fall into any of these categories don’t worry. The following tips and ideas can get you off to a good start:

  • Express your gratitude: whether being honored with a role in the wedding party, or simply being invited to the wedding, let the couple know how much you appreciate being part of their special day.
  •  
  • Focus on the bride and groom: share your favorite memories and stories of the bride or groom. These can be humorous or sentimental – it’s up to you. Just make sure the stories can be shared – don’t spill any secrets!
  • Nothing offensive: keep the stories and jokes appropriate – keep in mind the differences in age and background of the guests.
  • Compliments all around: tell the couple how beautiful they look, why they make such a great a couple and how wonderful the wedding has been. Feel free to compliment those that had a hand in the wedding’s success: the parents, the wedding party and others.
  • Keep it relevant: ensure your speech can be enjoyed by all. Don’t slant your content to one side of the family only and no inside jokes.
  • Words of wisdom: whether it’s an anecdote from personal experience, a humorous quote or a sentimental poem offer a lighthearted opinion on the ups and downs of marriage.
  • Cheers: offer a wedding toast to the couple or others that deserve the extra attention.

Keep your wedding speech to 3-5 minutes long. As a last word of advice, don’t be afraid to display your emotions. It shows the true depth of your love for the couple for which you should never feel ashamed.

END