Atty. Ruben Y. Menchavez

10/03/2025

Dapat suriing maigi ng mga bumibili ng lupa ang pagmamay-ari nito sa pamamagitan ng pag-inspect sa certificate of title at sa talaan sa Registry of Deeds upang maiwasan ang mga mapanlinlang na transaksyon.

Ito ang paalala ng sa Desisyon na isinulat ni Associate Justice Alfredo Benjamin S. Caguioa kung saan kinatigan ng Third Division ng Korte ang mga desisyon ng Regional Trial Court (RTC) at Court of Appeals (CA) na nagpawalang-bisa sa mga titulo ng lupa sa Sta. Teresita, Angeles City nina Orencio at Eloisa Manalese (mag-asawang Manalese).

Bumili ang mag-asawang Manalese ng dalawang lote ng lupa kay Carina Pinpin (Pinpin), na nagpakita ng mga duplicate na certificate of title sa kanyang pangalan at sinabing binili nila ang mga ari-arian mula sa mga orihinal na may-ari na sina Narciso at Ofelia Ferreras (Ferreras). Nagpakita si Pinpin ng isang deed of sale bilang patunay ng kanyang pagmamay-ari, na nagpapahintulot sa mag-asawang Manalese na ilipat ang mga titulo sa kanilang pangalan.

Pero hinamon ni Danilo Ferreras, ang tagapangasiwa ng Ferreras Estate, ang bisa ng mga titulong ito sa harap ng RTC at sinabing ang mga ari-arian ay legal pa rin na pagmamay-ari ng Estate. Sinabi niya na si Pinpin ay mapanlinlang na nakakuha ng mga duplicate na titulo sa pamamagitan ng pagsusumite ng isang maling affidavit of loss at isang pekeng deed of sale.

Ayon sa Korte, bigo ang mag-asawang Manalese na suriing mabuti kung sino ang tunay na may-ari ng lupa. Iginiit ng Korte na hindi sapat ang pagsaalang-alang lamang sa titulo, lalo na kung may mga palatandaan ng panloloko o iregularidad. Dahil dito, dapat na suriin ang parehong titulo at ang talaan ng Registry of Deeds bago bumili ng lupa ang sinuman.

Dagdag pa ng Korte, walang good faith kung kahina-hinala na ang bentahan pero ito ay binabalewala lang ng bumibili.

Sa ilalim ng Presidential Decree (PD) No. 1529 o ang Property Registration Decree, ang isang re-issued title ay duplicate lamang at walang legal weight di tulad ng orihinal na titulo.

Dahil ang mag-asawang Manalese ay may hawak ng mga duplicate na sertipiko, ang dapat nilang ginawa ay i-verify agad ang mga ito sa Registry of Deeds.

Basahin ang buong teksto ng press release sa https://sc.judiciary.gov.ph/sc-land-buyers-must-check-both-title-and-registry-of-deeds-records/.

Basahin ang buong Desisyon sa https://sc.judiciary.gov.ph/254046-spouses-orencio-s-manalese-and-eloisa-b-manalese-and-aries-b-manalese-vs-the-estate-of-the-late-spouses-narciso-and-ofelia-ferreras-represented-by-its-special-administrator-danilo-s-fer/.

10/03/2025

The has taken an important step towards modernizing legal processes by approving the Rules on Electronic Notarization (E-Notarization Rules) – a significant reform that leverages technology to make notarial services more accessible and efficient nationwide.

Under A.M. No. 24-10-14-SC, the Supreme Court En Banc approved the E-Notarization Rules and the Guidelines on the Accreditation of Electronic Notarization Facility Providers (Accreditation Guidelines). These rules introduce Electronic Notaries Public (ENPs), who are authorized to perform notarial acts for individuals located anywhere in the Philippines and, in certain cases, even abroad.

This expanded jurisdiction addresses a key limitation of the 2004 Rules on Notarial Practice (2004 Notarial Rules), where traditional notaries public were restricted to performing notarizations only within their territorial jurisdiction. By allowing ENPs to provide services across the country, the new rules ensure greater accessibility, particularly for those in remote or underserved areas.

The updated framework enables 3 forms of electronic notarization:
- In-Person Electronic Notarization (both principals and witnesses must be physically present)
- Remote Electronic Notarization (principals and witnesses may connect virtually to ENP via videoconferencing)
- Mixed In-Person and Remote

To enhance security, the E-Notarization Rules implements Multi-Factor Authentication (MFA) such as facial recognition, biometrics, and one-time passwords, in compliance with regulations set by the Bangko Sentral ng Pilipinas. The integrity of the electronic notarial book, or the register showing the chronological record of electronic notarial acts, is also safeguarded against tampering. Additionally, all data stored in the ENFs are protected under the Data Privacy Act.

The E-Notarization Rules applies exclusively to electronic documents in Portable Document Format (PDF) or Portable Document Format Archival (PDF/A). Paper documents with handwritten signatures, notarial wills, and depositions will continue to follow the 2004 Notarial Rules.

A part of the Strategic Plan for Judicial Innovations 2022-2027 (SPJI), this initiative aligns with the Supreme Court’s commitment to innovation and expanded access to justice by allowing notarization for electronic documents, including remote notarization through accredited software applications. This reform supplements the traditional mode of notarization under the 2004 Notarial Rules and marks a key milestone in the Court’s ongoing digital transformation.

The E-Notarization Rules takes effect 15 days after its publication on March 9, 2025.

Read the press release in full at https://tinyurl.com/5e9e7h4a.

Read the full text of A.M. No. 24-10-14-SC, Rules on Electronic Notarization, at https://tinyurl.com/55zvmbrf.

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

10/03/2025

The Supreme Court has appointed retired police general Manuel R. Gaerlan as the first Chief Marshal of the newly created Office of the Judiciary Marshals (OJM), an agency tasked with protecting judges and court personnel amid rising security threats.

03/02/2025

08/09/2024

The Supreme Court has ruled that decades-long unjustified absence from the marital home may be considered evidence of psychological incapacity to comply with marital obligations.

Read more at: https://sc.judiciary.gov.ph/sc-unjustified-absence-from-marital-home-considered-psychological-incapacity/

19/02/2024

Abogado Nilo Divina, who is also the Dean of the University of Santo Tomas Faculty of Civil Law, reminded vloggers and influencers that they have to be mindful of the rights of the people who might appear in the photos and videos they shoot in public.

Divina said they might encroach on people’s personal information. To be safe, they should secure the consent of these individuals who appear in their content, he said.

Read the article in comment section...

01/01/2024

Justice Hernando to New Lawyers: The Law Should Not Adjust to You

Supreme Court Associate Justice Ramon Paul L. Hernando, Chairperson of the 2023 Bar Examinations, imparted pieces of advice to the new members of the Philippine Bar who took their oaths and signed the Roll of Attorneys on Friday, December 22, 2023, at the SMX Convention Center, Mall of Asia Complex in Pasay. Justice Hernando implored the new lawyers to always follow the law, as the law should never be the one to adjust to them.

Justice Hernando told the new lawyers that “[t]his new world before you is full of promise, but know that it is not an ideal one.” Hence, he gave them “simple pieces of advice” for them to live by as they begin their foray into the legal profession.

Justice Hernando underscored the utmost importance of always following the law, and reminded them that the relaxation of rules is always just an exception and not the general rule. He added that the new lawyers should not primarily rely on an authority’s leniency to escape compliance with the law.

“Be a visible example of a follower of the law. Do not skip lines. Do not run that red light. Be not apathetic. Look up from your phones and see the prevailing realities around you,” said Justice Hernando, adding that the prefix “Atty.” is a professional title and not a social rank which makes them important than non-lawyers.

The 2023 Bar Chairperson urged the oath-takers to let the quality of their work and the good word of others boast on their behalf, and reminded them to always say “thank you, ” to “give credit when credit is due,” and that “it is a sign of respect to ask for people’s names and remember them.”

He also urged them to acquaint themselves with the Supreme Court’s Strategic Plan for Judicial Innovations 2022-2027 (SPJI), which is the Court’s blueprint of action for judicial reforms.

Associate Justice Mario V. Lopez, Chairperson of the 2024 Bar Examinations, for his part identified three major challenges he wanted to imprint in their person—technology, economic materialism, and moral responsibility.

Associate Justice Amy C. Lazaro-Javier delivered the invocation, where she expressed gratitude and wisdom to Justice Hernando, the Office of the 2023 Bar Chair, the various offices, and the Bar passers.

Supreme Court Clerk of Court En Banc Atty. Marife M. Lomibao-Cuevas administered the oath to the new lawyers, who were then asked to sign the Oath Forms and the Roll of Attorneys given to them prior to the Ceremonies.

Read more at https://sc.judiciary.gov.ph/justice-hernando-to-new-lawyers-the-law-should-not-adjust-to-you/.

01/01/2024

"We thus welcome 2024 with renewed hope, humbled by lessons and gains from previous years, and ready to do what needs to be done to sustain the SPJI’s success.

We wish the same success for our people and our nation as we usher in 2024.

A happy new year to us all."

Read the 2023 New Year Message of Chief Justice Alexander G. Gesmundo. 🥳

27/10/2023

27/10/2023

SC: Law Cannot Alter Blood Relationships

While the law may declare who are legitimate children, it cannot alter blood relationships.

Thus held the Supreme Court, in a Decision penned by Senior Associate Justice Marvic M.V.F Leonen, denying the petition for review on certiorari filed by James Cua Ko. The petition challenged the ruling of the Court of Appeals (CA) which had upheld the Regional Trial Court’s (RTC) denial of Ko’s Petition for Judicial Approval of Voluntary Recognition of a Minor Natural Child.

The case involved a petition by James Cua Ko to recognize a minor child, Jamie Shaye, whose birth certificate indicated him as the father. Jamie Shaye was born during a marriage between Shalimar Abellera and Kerwin Cruz Par. The court upheld the presumption of legitimacy, as provided by Article 164 of the Family Code, which considers children born during a valid marriage as legitimate for their best interest. Additionally, Article 170 of the Family Code stipulates that only certain individuals, primarily the husband, can challenge a child's legitimacy directly.

While James Cua Ko's petition was denied due to his lack of standing under the law, the Supreme Court clarified that Jamie Shaye still has the right to establish her filiation to him if she chooses to do so. The court acknowledged the complexity between legitimacy, which is a civil status established by marriage, and filiation, which is the biological relationship. It stressed that children born during a valid marriage but not necessarily to their biological parents may have doubts about their filiation and identity. Consequently, the law allows such children to establish their filiation, and this choice should ultimately belong to the child.

Read more at https://sc.judiciary.gov.ph/sc-law-cannot-alter-blood-relationships/. Read the Decision in full at https://sc.judiciary.gov.ph/210984-jame-cua-ko-vs-republic-of-the-philippines/.