Arellano Law Office

Arellano Law Office Consultation | Litigation | Notary Public
Atty. Cresencio F. Arellano, Jr. (0998) 562 5501
Nueva Ecija, Philippines

Happy Birthday to our in-house lawyer, Atty. Cresencio F. Arellano, Jr. Wishing you good health, continued success, and ...
22/01/2026

Happy Birthday to our in-house lawyer, Atty. Cresencio F. Arellano, Jr. Wishing you good health, continued success, and many more years of excellent service.

Please be advised that office will observe holidays. Office operations will resume on the next working day.
22/12/2025

Please be advised that office will observe holidays. Office operations will resume on the next working day.

To all our valued clients, families, and friends,As the Christmas season fills our hearts with joy and gratitude, we wou...
22/12/2025

To all our valued clients, families, and friends,

As the Christmas season fills our hearts with joy and gratitude, we would like to extend our sincere thanks for your continued trust, support, and friendship. May this season bring you peace, love, and happiness, and may the coming year be filled with hope, good health, and success.

Merry Christmas and a Happy New Year!

Praying everyone is safe after the typhoon. We are open and ready to serve you.Arellano Law office - Garcia St. Brgy. Ba...
10/11/2025

Praying everyone is safe after the typhoon. We are open and ready to serve you.

Arellano Law office - Garcia St. Brgy. Bagumbayan, Llanera, Nueva Ecija

“Legal matters can be challenging, but you don’t have to face them alone. At Arellano Law Office, we’re here to listen, ...
06/09/2025

“Legal matters can be challenging, but you don’t have to face them alone. At Arellano Law Office, we’re here to listen, guide, and stand by your side every step of the way. Your peace of mind is our mission.” 🤝

Need reliableArellano Law Office offers Notary Services for all your legal document needs. Trust us for accuracy, professionalism, and convenience. Your documents, our expertise.
Contact us today!
You may visit our office at:
Garcia Street, Brgy. Bagumbayan, Llanera, Nueva Ecija
Get in touch with us:
➡️ Open for appointment, book now!
📩 [email protected]
📩[email protected]
📞 (0998) 562 5501

29/08/2025

Need reliable Notary Services?

Arellano Law Office offers Notary Services for all your legal document needs. Trust us for accuracy, professionalism, and convenience. Your documents, our expertise.

Contact us today!
You may visit our office at:
Garcia Street, Brgy. Bagumbayan, Llanera, Nueva Ecija

Get in touch with us:
➡️ Open for appointment, book now!
📩 [email protected]
📩[email protected]
📞 (0998) 562 5501

13/08/2025
07/08/2025

The invalidated a sale of two parcels of land because the buyer knew that the seller was not the real owner.

In a Decision written by Associate Justice Maria Filomena D. Singh, the SC’s Third Division cancelled the sale made by Bayani S. Cerilla (Cerilla) to Edward C. Ciacho (Ciacho). The SC found that Ciacho knew the sold properties did not belong to Cerilla.

The properties were inherited by Adolfo De Guia which were about to be foreclosed due to unpaid debt. De Guia asked Cerilla to pay off the mortgage. They signed a deed of sale, and land titles were transferred to Cerilla’s name.

After a few months, another agreement was signed to re-sell the properties to De Guia. The latter filed adverse claim on the titles.

Cerilla and De Guia entered into a subsequent agreement where Cerilla would buy the properties for PHP 15 Million but only after De Guia ejects the illegal settlers from the properties.

As De Guia failed to remove the illegal settlers, Cerilla had to undertake the same but was not successful in doing so. As a result, Cerilla incurred expenses for ejectment which caused him to obtain a loan from a bank and from Ciacho.

Ciacho agreed to lend Cerilla with the properties as collateral. Because Cerilla could not pay the loan, Ciacho asked him to sign a deed of sale on the properties but with a request from Cerilla not to register the same.

De Guia learned that Ciacho registered the properties under his name. Thus, he filed a case with the RTC to invalidate the sale. After finding in favor of De Guia, the case was appealed to the Court of Appeals.

Both RTC and CA found that Cerilla had no authority to sell the properties as he was just a mere “accommodation party” to avoid foreclosure of the properties but was not the real owner.

The Court agreed with the RTC and CA finding that there was no real intention to transfer ownership from De Guia to Cerilla. Even after the land titles were transferred under his name, Cerilla did not act as if he owned the lands.

Under the Civil Code, for a sale to be valid, the parties must agree to the sale. The parties’ actions during and after the agreement can serve as basis to determine their intent. The seller must also be the owner of the property or has authority to sell.

Here, the re-sale of the properties from Cerilla to De Guia within a short period of time coupled with the fact that Cerilla asked Ciacho not to register the properties under his name, indicate that there was no intention on the part of De Guia to transfer ownership of the properties.

The Court added that Ciacho cannot claim to be an innocent buyer because he was aware of facts that should have raised doubts about Cerilla’s ownership. He knew of the earlier sale between De Guia and Cerilla and the former’s claim as annotated on the titles.

Read the full text of the press release at https://sc.judiciary.gov.ph/sc-no-valid-sale-if-buyer-knows-seller-is-not-true-owner/

Read the full text of the Decision https://sc.judiciary.gov.ph/259051-edward-c-ciacho-vs-spouses-adolfo-t-de-guia-and-fe-alma-v-de-guia-et-al/

Read the Separate Concurring Opinion of Associate Justice Alfredo Benjamin S. Caguioa at https://sc.judiciary.gov.ph/259051-separate-concurring-opinion-justice-alfredo-benjamin-s-caguioa/

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

23/06/2025

The (SC) has reiterated that a co-owner must give written notice to the other co-owners before selling their share of a property. However, if the other co-owners already knew about the sale and failed to exercise their right to buy the share within 30 days, the written notice is no longer required.

In a Decision written by Chief Justice Alexander G. Gesmundo, the SC’s First Division denied the petition filed by siblings Antonio Azurin, Jr. (Antonio) and Rafael Azurin (Rafael) to buy back a parcel of land registered in the name of Carlito Chua (Chua).

Antonio and Rafael were in possession of a parcel of land which they co-owned with their aunt Adelaida. Adelaida later sold to Chua her portion, which was officially registered in Chua’s name after it was surveyed and divided.

Years later, Antonio and Rafael attempted to buy back the land from Chua by filing a complaint for legal redemption before the trial court. Both the trial court and the Court of Appeals denied the complaint, on the ground that the case was filed years after the sale and well beyond the 30-day period allowed by the 𝘊𝘪𝘷𝘪𝘭 𝘊𝘰𝘥𝘦.

Antonio and Rafael appealed to the SC, but the SC denied their appeal.

The SC said that under the 𝘊𝘪𝘷𝘪𝘭 𝘊𝘰𝘥𝘦, a co-owner intending to sell their share to a third party must notify the other co-owners in writing about the sale. The other co-owners then have 30 days from receipt of the written notice to redeem or buy back the portion sold. If they fail to do so within the period, they lose the right to redeem the sold portion.

The SC, however, added that the requirement of written notice can be waived if (1) unusual circumstances have made the co-owners aware of the sale, and (2) the co-owners did not take action or were negligent in their right to redeem the property, a situation referred to in law as laches.

In this case, the SC found that Antonio and Rafael were aware of the sale. They were in actual possession of the land and, therefore, were informed about the survey conducted on it. Additionally, they received Chua’s legal complaint to recover possession.

However, they waited more than six years before trying to redeem the property.

Read the full text of the Press Release at https://tinyurl.com/68yxczhw.

Read the full text of the Decision at https://tinyurl.com/35tpwuye.

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

Our office is closed today in observance of Independence Day. We wish everyone a safe and meaningful holiday as we celeb...
11/06/2025

Our office is closed today in observance of Independence Day. We wish everyone a safe and meaningful holiday as we celebrate freedom and the values that unite us. 🇵🇭

05/06/2025

The (SC) has ruled that when a Filipino asks a Philippine court to recognize a foreign divorce, they only need to prove the law of the country where the divorce was obtained – not the law of their foreign spouse’s nationality.

In a Decision written by Associate Justice Henri Jean Paul B. Inting, the SC’s Third Division sent a case back to the Court of Appeals (CA) to give a Filipina a chance to properly prove the divorce laws of Kentucky, United States of America (U.S.A).

The Filipina married a Peruvian citizen in New Jersey, U.S.A; they later settled in Kentucky. Due to marital issues, the husband ended the marriage by obtaining a divorce decree from a Kentucky court.

The Filipina then filed a petition before the Regional Trial Court in the Philippines to have the divorce recognized. She submitted a copy of the divorce decree, along with printouts of Kentucky and Peruvian marriage laws.

The SC clarified that in recognition of foreign divorce cases, what matters is the law of the country that issued the divorce decree. Since the divorce was granted in Kentucky, only Kentucky law needed to be proven.

The SC explained that under Article 26 (2) of the Family Code, a Filipino may remarry if their foreign spouse gets a valid divorce abroad that allows them to remarry. Philippine courts must first determine if the divorce was valid under the applicable foreign law, and the Filipino spouse must prove this law.

The SC also emphasized the relevance of the international law principle of comity of nations. This principle allows judicial acts of one country – such as court rulings or decrees – to be recognized in another, based on mutual respect between states. It also acknowledges the authority of a foreign state not only over its citizens but also over other individuals under its jurisdiction, like legal residents.

However, the SC returned the case to the CA to give the Filipina, who submitted a mere printout of Kentucky law, a chance to submit the proper documents.

Read the full text of the Press Release at https://tinyurl.com/4jhyh8vv.

Read the full text of the Decision at https://tinyurl.com/ympmypuz.

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

Not all heroes wear capes — some carry tools, wear uniforms, ride jeepneys, till the soil, or work behind counters. Toda...
01/05/2025

Not all heroes wear capes — some carry tools, wear uniforms, ride jeepneys, till the soil, or work behind counters. Today, we honor the strength, dedication, and resilience of Filipino workers around the world.

Pagpupugay sa mga bayani ng ating bayan!

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