DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RESPONDENTS WON IN A LABOR CASE. DECISION BECAME FINAL AND EXECUTORY. THEY LEVIED A PARCEL OF LAND. DMCI OPPOSED. AN ISSUE WAS RAISED AT LRA ON WHETHER THE CLAIM OF THE RESPONDENTS IS REGISTRABLE. LRA SAID YES AND DIRECTED REGISTER OF DEEDS TO ANNOTATE SUCH CLAIM. DMCI FAILED TO APPEAL ON TIME THE LRA CONSULTA. SUPREME COURT SAID THE CONSULTA OF LRA CANNOT BE ALTERRED. THE JUDGMENT OF NLRC WHICH BECAME FINAL AND EXECUTORY REMAINS AS SUCH AND CANNOT BE ALTERED.

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DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RODRIGUEZ DONATED PROPERTY TO REPUBLIC TO BE USED FOR BUILDING AND OPERATING MENTAL HOSPITAL. ONE CONDITION IS THAT THE REPUBLIC SHALL NOT CONVEY OR DISPOSE OF THE PROPERTY TO ANY OTHER PERSON. THERE WERE SQUATTERS IN THE AREA. THE REPUBLIC FILED AN EJECTMENT CASE AGAINST THE SQUATTERS BUT FAILED TO EXECUTE THE JUDGMENT WITHIN THE PERIOD ALLOWED FOR EXECUTION. IS SUCH ACT A DISPOSAL OF THE PROPERTY IN VIOLATION OF THE DEED OF DONATION. SUPREME COURT SAID NO. THE PROPERTY IS COVERED BY THE TORRENS SYSTEM  AND THEREFORE IT CANNOT BE ACQUIRED BY THE SQUATTERS BY PRESCRIPTION OR ADVERSE POSSESSION.

THE PROPERTY DONATED CONSISTED OF 32 HECTARES. THE AREA UTILIZED WAS ONLY 5 HECTARES. THE DEED STATES THAT DONEE ERECT BUILDINGS ON THE PROPERTY. WAS THERE VIOLATION OF THE DEED OF DONATION. NO BECAUSE THE DOES NOT REQUIRE THAT BUILDINGS BE ERECTED ON THE WHOLE AREA.

THERE IS A PROHIBITION IN THE DEED OF DONATION THAT THE REPUBLIC CANNOT LEASE, LET, CONVEY, DISPOSE OR ENCUMBER THE DONATED PROPERTY WITHOUT SPECIFYING THE DURATION OF THE RESTRICTION. IS THIS LEGAL? NO. THE PROHIBITION MAY BE VIEWED AS PERMANENT WHICH CONSTITUTES AN UNDUE RESTRICTION FOR AN UNREASONABLE PERIOD OF TIME.

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 DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

BOTH PARTIES PRESENTED EVIDENCES OF EQUAL WEIGHT. PETITIONER WORKERS PROVED THAT THEY WERE EMPLOYEES. EMPLOYER RESPONDENT PROVED THAT THE PETITIONERS WERE NOT EMPLOYEES. SC RESOLVED THE DOUBT IN FAVOR OF THE EMPLOYEES.

THE WORK OF PETITIONER IS JUST TO TRANSFER RUBBER LUMPS FROM THE BAGOL OR SMALL CONTAINERS ATTACHED TO THE RUBBER TREE TRUNK AND PLACE THEM IN ANOTHER CONTAINER. IT IS HARD TO DETERMINE WHETHER THE EMPLOYER HAS CONTROL OVER THE MEANS AND METHODS OF THE EMPLOYER’S WORK. SUPREME COURT SAID THERE IS AN ALTERNATIVE TEST, THE UNDERLYING ECONOMIC REALITIES TEST.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

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