It is not necessary for the court to first acquire jurisdiction over the person of the accused to dismiss a case or grant other relief. The outright dismissal of the case even before the court acquires jurisdiction over the person of the accused is allowed, except in applications for […]
Yearly Archives: 2010
282 posts
Criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation is required, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses, by filing the complaint or information directly with the MTC or […]
Registration guarantees the title. Purpose of Registration: 1. Serve as constructive notice 2. Prevent fraudulent claims 3. Protect interest of strangers to transaction
3 Stages of Development of Legal System of Transferring Titles: 1. Production and delivery of deed by grantor to grantee without registration 2. Recording of deed of conveyance to bind 3rd persons 3. Registration of title
Types of estates: 1. Freehold estate – indicates title of ownership a. Fee simple -absolute title; conferred without limitation, qualification or restriction b. Fee tail – pass title to grantee & his heirs c. Life state – held for duration of life of grantee 2. Less than freehold estate […]
GENERAL RULE: All parties with capacity to contract can enter into a valid contract of sale. 1. Natural 2. Juridical – corporation/partnership/associations/Cooperatives Status of contract valid Remedies available therefor are: specific performance rescission damages EXCEPTION TO GENERAL RULE: 1. Minors status of contract: voidable only, therefore can be ratified […]
DISTINGUISHED FROM OTHER CONTRACTS: 1. Donation donation is gratuitous; sale is onerous donation is formal contract; sale is consensual donation is governed by law on donation; sale is governed by law on sales. 2. Barter in barter, the consideration is the giving of a thing; in sale, it is […]
Deed: instrument in writing by which any real estate or interest therein is created, alienated, mortgaged or assigned or by which title to any real estate may be affected in law or equity. It must specify the following: 1. Grantor 2. Grantee 3. Words of grant 4. Description of […]
1. negotiation – bargaining period 2. perfection – by mere consent; performance may be demanded ( specific performance ) 3. consummation – consists of the delivery of the thing, constructive or actual.
Land Title : evidence of the owner’s right or extent of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of property
Purpose of Reconstitution (Land Titles and Deeds) The whole theory of reconstitution is to reproduce or replace records lost or destroyed so that said records may be complete and court proceedings may continue from the point or stage where said proceedings stopped due to the loss of the records. […]
CHARACTERISTICS OF CONTRACT OF SALE: 1. Consensual – contract is by mere consent. There is meeting of minds. 2. Bilateral Reciprocal – both parties are bound by obligations. 3. Onerous – Valuable considerations must be given in order to acquire rights. 4. Commutative – Values exchanged are almost equivalent […]
A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. Who may file a complaint? The complaint may be filed by the offended party, any peace […]
The complaint or information should be in writing so that the court has a basis for its decision, to inform the accused of the nature and cause of the accusation to allow him to present his defense, and so that nobody will forget the charge, given the fallibility of […]
Criminal actions must be commenced in the name of the People because just as a crime is an outrage against the peace and security of the people at large, so must its vindication be in the name of the People. However, it the action is instituted in the name […]
The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.