Nogalo Law Office and Notarial Services

27/10/2023

BSKE2023

30/08/2023

SC Issues Amendments to Rules of Procedure in Barangay and Sangguniang Kabataan Election Contests |

The Supreme Court, during the En Banc deliberations on August 29, 2023, approved The 2023 Amended Rules of Procedure in Election Contests Involving Elective Barangay and Sangguniang Kabataan Officials (A.M. No. 07-4-15-SC), which updates the existing rules on election contests pending before the lower courts.

The 2023 Amended Rules, which shall apply prospectively to all Barangay and Sangguniang Kabataan election contests, provides for expeditious, inexpensive and just determination and disposition of such election contests.

The 2023 Amended Rules incorporates some of the provisions of the 2019 Amendments to the Rules of Civil Procedure which include, among others, the provisions on the service and filing of pleadings and the judicial affidavit rule, as well as provisions applicable to automated elections in view of the Commission on Elections’ adoption of pilot automated election system in the three (3) barangays (one [1] in Quezon City and two [2] in Cavite) in the upcoming elections.

Moreover, like in the 2022 Interim Amendments to the 2010 Rules of Procedure for Municipal Election Contests (A.M. No. 10-4-1-SC), The 2023 Amended Rules also provides for an initial recount of ballots of the pilot protested clustered precincts or mono precincts, as the case may be. This initial recount is intended to determine whether the protest is meritorious upon showing by the protestant of at least 20% substantial recovery from the overall vote lead of the protestee.

The 2023 Amended Rules shall take effect fifteen (15) days after publication once in a newspaper of general circulation or in the Supreme Court Official Website but its effectivity shall in no case be later than October 15, 2023.

10/08/2023

Beware of the word “CLEAN TITLE”

You can only call it clean title IF:

⭕ Owners that appears in the title of the property are still ALIVE & CAN SIGN documents

⭕ NO disputes attached in the title AND “certified true copy” of the title.
Please take note of the word “AND” because not all disputes are printed in the original title itself. Thus, it is very important to request for the latest certified true copy of the title.

⭕ All real estate taxes are paid on time. Always request for latest real estate tax clearance.

⭕ If the owners are married (on or after 1987) the property is considered conjugal even if only one property owner is in the title. Both should sign sale documents. Should the property owner dies, heirs should file and pay for the estate tax of all the properties.

⭕ If the property estate taxes are not yet paid, the property cannot be called “CLEAN”.

⭕ Magkaiba po ang real estate tax na binabayaran ninyo annually at ang estate tax (BIR FORM 1801). You only pay estate tax if the owner in the title is already dead. Penalties (like big penalties) apply for late filing.

📸© ᴄʀᴇᴅɪᴛꜱ ᴛᴏ ᴛʜᴇ ʀɪɢʜᴛꜰᴜʟ ᴏᴡɴᴇʀ

06/08/2023

GOOD TO KNOW - KNOWLEDGE 101‼️

🔸️LAND TITLE VS TAX DECLARATION 🔸️

The Difference between the Certificate of Title versus Tax Declaration in the Philippines

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CERTIFICATE OF TITLE
1. A document evidencing a right of ownership to a property
2. A document that attest to the fact that the person named is the owner of the property described therein subject to liens and encumbrances noted on it
3. It is registered with the Register of Deeds of the province or city where the land is located
4.The Certificate of Title is indefeasible and imprescriptible
5. All claims to the land are quieted upon issuance of this document
6. Recorded with the Register of Deeds of the municipality, city, or province where the land is located.

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TAX DECLARATION
1. A document that show good sign of possession only in the concept of owner, not ownership
2. Not conclusive evidence of ownership to property, but only a proof of payment of realty taxes
3. Recorded with the Assessor’s Office of every municipality or city where the land is located

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Ang pagmamay-ari ng lupa ay napapatunayan sa pamamagitan na hawak na titulo na kung tawagin ay ang Transfer Certificate of Title (TCT) o Condominium Certificate of Title (CCT). Ayon sa maraming Supreme Court decisions “the best proof of ownership of a piece of land is the Certificate of Title” (Halili vs. Court of Industrial Relations, 257 SCRA 174 [1996]). Ito ang tinatawag na titulo ng lupa at wala nang iba pa.

Ang "tax declaration ay hindi titulo ng lupa. Maraming Supreme Court decision din ang nagsasabi na "Tax declarations and receipts are not conclusive evidence of ownership. At most, they constitute mere prima facie proof of ownership of the property for which taxes have been paid. In the absence of actual, public and adverse possession, the declaration of the land for tax purposes does not prove ownership." Ibig sabihin nito na ang tax declaration ay hindi siguradong ebidensiya ng pagmamay-ari ng lupa. While tax declarations and receipts are not conclusive evidence of ownership and do not prove title to the land.
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Ang tax declaration ay pwedeng i-apply para maging titulo. May dalawang pamamaraan ng pagpaparehistro ng lupa, ito ay ang sumusunod:

1. Judicial Proceeding – kung saan kinakailangan ninyong magfile ng petisyon para sa registration sa korte.

2. Administrative Proceeding –ito ay pamamaraan kung saan mag-file ng application para sa “Homestead Patent” sa DENR at ang registration ng patent na ito ang magiging batayan para sa pag-isyu ng Original Certificate of Title alinsunod sa Commonwealth Act 141 o ang “THE PUBLIC LAND ACT”.

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Jen Fajardo Cwp Cepp

10/06/2023

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14/04/2023

Congrats New Lawyers!

12/04/2023

09/03/2023

04/03/2023

Your Lawyer is also an Instructor.

03/03/2023

LOOK: Calendar of Activities and Prohibited Acts in relation to the 2023 Barangay and Sangguniang Kabataan Elections