BBSA Law Office

BBSA Law Office A client-oriented law office based in Mandaue City, Cebu that caters for all your legal needs.

22/04/2025

The (SC) has ruled that unauthorized structures on public land, including ๐˜ท๐˜ช๐˜ฅ๐˜ฆ๐˜ฐ๐˜ฌ๐˜ฆ machines, ๐˜ด๐˜ข๐˜ณ๐˜ช-๐˜ด๐˜ข๐˜ณ๐˜ช stores, billiard tables, ๐˜ค๐˜ข๐˜ณ๐˜ฆ๐˜ฏ๐˜ฅ๐˜ฆ๐˜ณ๐˜ช๐˜ข๐˜ด, and other businesses on beaches, may be demolished for being public nuisances.

In a Decision written by Associate Justice Amy C. Lazaro-Javier, the SCโ€™s Second Division upheld the order to demolish various illegal structures along Matabungkay Beach in Lian, Batangas.

The owners of Villa Alexandra Beach Resort and Restaurant in Matabungkay Beach filed a case for abatement of nuisance, easement, and injunction against Pablo and Patnubay Calimlim (Calimlims), who had operated informal structures along the beach for over 50 years.

The resort owners claimed the structures were built without the necessary permits and disrupted their business and inconvenienced guests, leading to financial losses.

Affirming the Court of Appeals ruling which ordered the demolition of the illegal structures for being public nuisances, the SC found that the structures were built on public foreshore land without the required lease agreement from the Department of Environment and Natural Resources (DENR).

According to DENR Administrative Order No. 2004-24, in relation to the ๐˜—๐˜ถ๐˜ฃ๐˜ญ๐˜ช๐˜ค ๐˜“๐˜ข๐˜ฏ๐˜ฅ ๐˜ˆ๐˜ค๐˜ต or Commonwealth Act No. 141, foreshore lands may be disposed of only through a lease agreement with the DENR. The Calimlimsโ€™ lease application was denied by the DENR, making their occupation and use of the land unauthorized.

The DENR acknowledged this illegal occupancy and issued Notices to Vacate, which the Calimlims ignored. The SC ruled that their obstruction of and unauthorized occupation and use of the foreshore land equate to a public nuisance.

Read the full text of the Press Release at https://tinyurl.com/yyp6y4kr.

Read the full text of the Decision at https://tinyurl.com/5axh8jcj.

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

๐Ÿ“Œ๐Ÿ“Œ๐Ÿ“Œ
30/08/2023

๐Ÿ“Œ๐Ÿ“Œ๐Ÿ“Œ

โ€ผ๏ธTAKE NOTE: According to DICT, unregistered sims will be deactivated after April 26.
16/03/2023

โ€ผ๏ธTAKE NOTE:

According to DICT, unregistered sims will be deactivated after April 26.

SIM Registration is until April 26 only!

Register your SIM cards and eSIMs now through the official links of our PTEs:

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

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

For complaints and concerns related to SIM Registration, call us at 1326.

*Reminder: Calls to our hotline number 1326 are free of charge as long as the caller has a maintaining balance.

09/02/2023

โ€ผ๏ธAbusive mothers can be offenders under Anti-VAWC Law

PSA: Checks with alphanumeric issue date shall be accepted until April 30, 2023. Starting May 1, 2023, the full numeric ...
24/01/2023

PSA: Checks with alphanumeric issue date shall be accepted until April 30, 2023. Starting May 1, 2023, the full numeric MM-DD-YYYY format shall be used.

Beginning May 1st, a check on which the issue date is written in alphanumeric format will no longer be accepted, except when:

1. Post-Dated Checks (PDCs) accepted/stamped "Warehoused" by banks prior to May 2, 2023;

2. PDCs without "Warehoused" stamped but bearing or printed with "Unique Indentification Code" (UIC) that indicates receipt by banks (for warehousing) prior to Feb. 11, 2019 (date of issuance of CICS OM No. 19-030);

3. Manager's Check/Cashier's Check issued by the clearing banks bearing the Waiver Statement and features required prior to the issuance of CICS OM No. 19-030; or

4. It is dated on or before April 30, 2023 and presented to the Presenting Bank for deposit prior to the 180th day from its issue date.

Source: Philippine Clearing House Corp. (PCHC) Memo Circular No. 3738 dated Jan. 17, 2023

UPDATE: Implementation of the fully numeric date format is deferred to May 1, 2024 pursuant to CICS OM No. 23-040 dated Jan. 25, 2023 which, in part, provides as follows:

"4. This deferment in implementation is effected with a view to allowing more time for bank clients to exhaust remaining checks or base stocks of printed Checks in their possession. In this connection, we suggest for the clearing banks/participants to inform their clients that:

4a. Old format checks (i.e., without boxes) with date of issue written in alphanumeric are acceptable for clearing provided they are dated April 30, 2024 or earlier and they are presented for deposit prior to the 180th day from issue date;

4b. The issue date in alphanumeric on old format checks may be written in any sequence, i.e., Month-Day-Year or Day-Month-Year or Year-Month-Day. However, alphanumeric Month-Day-Year sequence is preferable for consistency with the MM-DD-YYYY sequence prescribed for issue date in numeric format.

4c. Notwithstanding the deferment, nonetheless, the date of issue on checks that are in the 'new format' (i.e., with boxed spaces) has to be written now in numeric format and strictly in the MM-DD-YYYY or MM/DD/YYYY sequence."

Note: This amends PCHC Memo Circular No. 3738 dated Jan. 17, 2023 which stated May 1, 2023.

โ€ผ๏ธNO WORK ON DECEMBER 26, 2022โ€ผ๏ธProclamation No. 115Source: Official Gazette of the Philippines
22/12/2022

โ€ผ๏ธNO WORK ON DECEMBER 26, 2022โ€ผ๏ธ
Proclamation No. 115
Source: Official Gazette of the Philippines

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