𝐌𝐀𝐓𝐈𝐂 𝐀𝐍𝐃 𝐏𝐀𝐍𝐆𝐀𝐍 𝐋𝐀𝐖 𝐅𝐈𝐑𝐌

13/02/2025

The (SC) has reiterated that a notice to cancel a contract to sell real estate must be notarized under Republic Act No. 6552, popularly known as the Maceda Law.

In a Decision written by Associate Justice Antonio T. Kho, Jr., the SC’s Second Division upheld the validity of contracts to sell between State Investment Trust, Inc. (SITI) and spouses Carlos and Victoria Baculo (Spouses Baculo) after SITI failed to meet the Maceda Law’s cancellation requirements.

The Maceda Law’s purpose is to protect real estate buyers on installment payments against one-sided conditions in contracts.

SITI owned two parcels of land, which it offered to sell to Spouses Baculo through two contracts to sell. When the latter failed to complete payments, SITI sent letters demanding payment and, later, declaring the contracts to sell cancelled. The Spouses Baculo refused to vacate the property, leading Siti to file an ejectment case.

The SC ruled that while a seller may cancel a contract to sell under the Maceda Law on its own without going to court, it must still comply with Section 4 of the law, which requires: (1) a 60-day grace period for the buyer to settle overdue installments; (2) a notarized notice of cancellation from the seller; and (3) cancellation only after 30 days from the buyer’s receipt of the notarized notice.

In this case, the SC found that SITI’s letters were not notarized, and it failed to provide the required 60-day grace period, giving only five days to settle the balance.

Read the full text of the Press Release at
https://sc.judiciary.gov.ph/sc-notarized-notice-required-to-cancel-real-estate-contract-under-maceda-law/.

Read the full text of the Decision at https://sc.judiciary.gov.ph/237934-state-investment-trust-inc-vs-carlos-baculo/.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

14/04/2023

Matic & Pangan Law Firm, represented by Atty. Kim Lamberth N. Matic, CPA, is now a member of the Clark Investors and Locators Association (CILA).

Photos from the CILA's Official page

http://maticpanganlaw.com

04/04/2023

Register your SIM cards now:

• SMART - smart.com.ph/simreg or simreg.smart.com.ph
• GLOBE - new.globe.com.ph/simreg
• DITO - https://digital.dito.ph/pto/download/app

SIMs not registered within the said period shall be automatically deactivated.

Photo from the Department of Information and Communications Technology - DICT page.

04/04/2023

This is your friendly reminder to register your sim cards on or before April 26, 2023.

Register your SIM cards now:

• SMART - smart.com.ph/simreg or simreg.smart.com.ph
• GLOBE - new.globe.com.ph/simreg
• DITO - https://digital.dito.ph/pto/download/app

SIMs not registered within the said period shall be automatically deactivated.

Photo from the Department of Information and Communications Technology - DICT page.

30/01/2023

30/01/2023

SC Declares Unconstitutional the Joint Marine Seismic Undertaking Among Philippine, Vietnamese, and Chinese Oil Firms |

The Supreme Court En Banc, voting 12-2-1, declared unconstitutional and void the Tripartite Agreement for Joint Marine Seismic Undertaking (JMSU) by and among China National Offshore Oil Corporation (CNOOC), Vietnam Oil and Gas Corporation (PETROVIETNAM), and Philippine National Oil Company (PNOC) involving an area in the South China Sea covering 142,886 square kilometers (“Agreement Area”).

The Court ruled that the JSMU is unconstitutional for allowing wholly-owned foreign corporations to participate in the exploration of the country‟s natural resources without observing the safeguards provided in Section 2, Article XII of the 1987 Constitution.

The Court, noting that the term “exploration” pertains to a search or discovery of something in both its ordinary or technical sense, ruled that the JMSU involves the exploration of the country‟s natural resources, particularly petroleum.

Citing the text of the fifth whereas clause of the JMSU, which states the Parties‟ “expressed desire to engage in a joint research of petroleum resource potential of a certain area of the South China Sea as a pre-exploration activity,” the Court said that it is clear that the JMSU was executed for the purpose of determining if petroleum exists in the Agreement Area.

“That the Parties designated the joint research as a “pre- exploration activity‟ is of no moment,” said the Court. “Such designation does not detract from the fact that the intent and aim of the agreement is to discover petroleum which is tantamount to exploration.”

The Court further held that as the JMSU involves the exploration of the country‟s petroleum resources, it falls within the ambit of Section 2, Article XII of the 1987 Constitution.

Read more at https://sc.judiciary.gov.ph/32108/.

28/01/2023

Our website is now up and running!

Kindly check it out at maticpanganlaw.com.

https://maticpanganlaw.com/

Lawyers in Angeles City, Clark Freeport Zone, Korean Town, Friendship Highway, and nearby areas.

19/12/2022

15/12/2022

Ayon sa Implementing Rules and Regulations ng Sim Card Registration Law ("IRR"), ang mga Telco Companies ang may responsibilidad na magprovide ng secure registration portal sa kanilang mga subscribers. Kasunod ng paglabas ng IRR ay nagsabi ang mga Telco companies (Smart, Globe, at Dito) na handa sila sa pag-roll out ng kanilang mga kanya-kanyang registration facilities sa mga susunod na linggo.

Ayon sa IRR ang mga indibidwal ay dapat magbigay ng kanilang buong pangalan, birthday, kasarian, address, at valid government ID with photo sa mga Telcos. Ang mga negosyo naman ay dapat magbigay ng Business name, business address at pangalan ng authorized signatory.

Ang lahat ng postpaid users ay kailangang sumangguni sa kanilang mga providers (Telco) kung kailangan pang magdagdag ng detalye.

Full text:https://ntc.gov.ph/wp-content/uploads/2022/mc/NTC%20MC%20No.%20001-12-2022.pdf