J.A.B. Bulao & Associates

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE SUPREME COURT SAID THE PLAINTIFF HAS NOT PROVEN DAMAGE OR INJURY. IT WAS NOT PROVEN THAT AN ACCIDENT OCCURRED. THEREFORE, THEY CANNOT CLAIM UNDER THE DOCTRINE OF RES IPSA LOQUITUR.

WHAT IS THE DOCTRINE OF RES IPSA LOQUITUR?

WHAT ARE THE REQUIREMENTS FOR RES IPSA LOQUITUR TO APPLY?

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DISPOSITIVE:

WHEREFORE, premises considered the instant petition is GRANTED.  The Decision dated January 29, 2020 and the Resolution dated July 23, 2020 of the Court of Appeals in CA-G.R.  CV No. 108313 are SET ASIDE. The tax we conducted on October 2, 2013 hereby declared NULL AND VOID.

So Ordered.“

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THE SUBJECT PROPERTY INCURRED DILINQUENCY IN REAL ESTATE TAXES. PUBLIC AUCTION WAS HELD AND RESPONDENT WAS THE HIGHEST BIDDER. BUT IT APPEARS THAT THERE WAS NO VALID NOTICE TO FILINVEST THE REGISTERED OWNER NOR TO THE BUYER OF SUBJECT PROPERTY WHOSE PURCHASE OF THE SAME WAS DULY ANNOTATED IN THE TITLE. THE SUPREME COURT SAID THAT SINCE THERE WAS NO PROPER NOTICE REGARDING THE TAX SALE SAID TAX SALE WAS NOT VALID. THE RESPONDENT CANNOT BE DECLARED THE NEW OWNER.

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DISPOSITIVE:

       WHEREFORE,  the petition in G.R. Nos. 252578, 252579, 252580, 252585, 252613, 252623, 252624, 252646, 252702, 252726, 252733, 252736, 252741, 252747, 252755, 252759, 252765, 252767, 252768, 252802, 252809, 252903, 252904, 252905, 252916, 252921, 252984, 253018, 253100, 253124, 253242, 253252, 253254, 254191, (UDK No. 16714), and 253420 are GIVEN DUE COURSE and PARTIALLY GRANTED.

       The Court declares the following provisions of Republic Act No. 11479 UNCONSTITUTIONAL:

1. The phrase in the proviso of Section 4 which states “which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create serious risk to public safety”,

2. The second mode of designation found in paragraph 2 of Section 25; and

3. As a necessary consequence, the corresponding reference/provisions in the Implementing Rules and Regulations of Republic Act No. 11479 relative to the foregoing items.

       Moreover, pursuant to the Court’s rule-making power, the Court of Appeals is DIRECTED to prepare the rules that will govern judicial proscription proceedings under Sections 26 and 27 of Republic Act No. 11479 based on the foregoing discussion for submission to the Committee on the Revision of the Rules Courts and eventual approval and promulgation of the Court En Banc.

       The petitions in G.R. 253118 (Balay Rehabilitation Center, Inc. v. Duterte) and UDK No, 16603 (Yerbo v. Officess of the Honorable Senate and the Honorable Speaker of the House of Representatives) are DISMISSED.

       So ORDERED.

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”.