Atty. Francisco "Tito" Veras, Jr.

Atty. Francisco "Tito" Veras, Jr. Legal and Notarial Services

01/03/2026

QUESTION NO. 632 - REMEDY TO RECOVER ENCROACHED PORTION OF PROPERTY

“After purchasing a 100-square-meter residential lot and building our family home, I discovered a year later that my neighbor had constructed a fence that encroaches upon a portion of my titled property. Despite my demand and a failed barangay conciliation, the neighbor refuses to remove the structure and claimed ownership thereof. What is the proper legal action to recover the encroached area and enforce my property rights?”

Suggested Answer:

The proper legal action is Acción Reivindicatoria (action to recover ownership and possession), with ancillary relief for removal of the encroaching structure and damages.

Since the neighbor asserts ownership over the encroached portion, the issue is title, not mere physical possession. The proper remedy is acción reivindicatoria, which requires the plaintiff to prove: (1) identity of the property, and (2) his ownership thereof.

Moreover, when the builder is in bad faith, the owner thereof may demand removal at builder’s expense and damages. Refusal to remove after demand is strong evidence of bad faith.

Therefore, because the neighbor claims ownership, the dispute is over title, making acción reivindicatoria the correct remedy — with prayer for recovery of the encroached portion, demolition of the fence, and damages under the Civil Code provisions on builders in bad faith.

01/03/2026

SC: Public officials’ salaries may be garnished to..

01/03/2026

QUESTION NO. 635 - BROKEN PROMISE TO MARRY? NO LAWSUIT. EXCEPT WHEN ACTED IN BAD FAITH

"My boyfriend formally proposed marriage, and thereafter we informed our respective parents. Both families agreed that the wedding would take place within three months. However, only a few days later, he withdrew his proposal, stating that he intended to work abroad first to save money. Subsequently, I discovered that he was already involved with another woman. Under these circumstances, may I file a legal action against him for failing to fulfill his promise to marry me?"

SUGGESTED ANSWER:

As a general rule, you cannot sue a person simply for breach of a promise to marry.

Under Article 21 of the Civil Code of the Philippines, no action for breach of promise to marry shall lie. Marriage is a special contract founded on mutual consent, and no person can be compelled to enter into it.

However, jurisprudence recognizes exceptions. In Wassmer v. Velez, the Supreme Court held that while breach of promise to marry is not actionable per se, damages may be recovered under Articles 19, 20, and 21 of the Civil Code of the Philippines if the refusal is attended by fraud, deceit, or abuse of rights that causes injury.

Thus, if your boyfriend acted in bad faith—such as entering the engagement while already involved with another woman—you may potentially file a civil action for damages based on abuse of rights or moral injury, but not merely for failure to marry.

01/03/2026

QUESTION NO. 636 - IN DOUBLE SALE, THE FIRST TO REGISTER IN GOOD FAITH WINS OWNERSHIP

"I purchased a 100-square-meter parcel of land for ₱250,500. After the ex*****on of the deed of sale, I paid the required taxes and initiated the transfer of the certificate of title to my name.

Three months later, an individual approached me claiming that he had previously purchased the same property from the same seller one year prior to my purchase. He presented a duly executed deed of sale but admitted that he did not register the transaction or transfer the title to his name. He now asserts that, as the first buyer, he is the lawful owner of the property.

In light of these circumstances, who is the rightful owner of the property?"

SUGGESTED ANSWER:

You are the rightful owner of the property because you were the first one who registered the sale in good faith.

The issue involves a case of double sale of immovable property, which is governed by Civil Code of the Philippines, Article 1544, which provides:

"If the same immovable property should have been sold to different vendees, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property. Should there be no inscription, the ownership shall pertain to the person who in good faith was first in possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith."

In this case, although the other was the first buyer, he failed to register the sale. If you were able to register the sale first in good faith, ownership legally belongs to you.

Thus, the rightful owner is the buyer who first registers the sale in good faith, pursuant to Article 1544 of the Civil Code.

01/03/2026

QUESTION NO. 639 - LEGAL REMEDIES FOR SMOKE ISSUES

"I would like to seek legal advice regarding a recurring issue with my neighbor who frequently burns garbage and dried weeds. The resulting smoke enters my home, causing significant disturbance and occasional difficulty in breathing. May I ask what legal remedies are available to prevent him from continuing this activity?"

SUGGESTED ANSWER:

You may consider the following legal remedies under Philippine law:

1. Nuisance under the Civil Code

Under Civil Code of the Philippines, Article 694, any act that causes injury, danger, or disturbance to another’s property or health may constitute a nuisance. Smoke that infiltrates your home and affects your breathing may qualify as a private nuisance. Pursuant to Article 699, you may file a civil action in court to abate the nuisance and seek damages.

2. Violation of the Clean Air Act

The open burning of garbage is generally prohibited under Philippine Clean Air Act of 1999 (Section 48). You may file a complaint with the barangay, local government unit (LGU), or the Department of Environment and Natural Resources (DENR).

3. Barangay Conciliation
Since this involves neighbors, the matter is subject to mandatory conciliation under the Local Government Code of 1991 (Katarungang Pambarangay Law, Chapter 7) before filing a court case.

What to do?
File a complaint with your barangay for mediation; if unresolved, secure a Certification to File Action and pursue a civil case for abatement of nuisance and/or report the violation to environmental authorities.

If the smoke is causing health issues, you may also claim damages under Article 2176 (quasi-delict) of the Civil Code.

01/03/2026

CHAPTER FOUR: MALVERSATION OF PUBLIC FUNDS OR PROPERTY
(Articles 217–222, Revised Penal Code)

ARTICLE 217 – Malversation of Public Funds or Property

:Ang malversation ay nangyayari kapag ang isang public officer na may custody o accountability sa public funds o property ay inangkin, ginamit, ninakaw, o pinabayaan na mawala ito.

Pwede itong mangyari sa 4 ways:

•Appropriation – inangkin para sa sarili
•Misappropriation – ginamit sa ibang purpose
•Consent through negligence – pinabayaan kaya nakuha ng iba
•Abandonment – iniwan ang duty kaya nawala

Example
Ang isang cashier sa government office may hawak na ₱100,000.
Ginamit niya ang ₱50,000 para sa personal gastos.

➡ Malversation na iyon.

Important Concept: Prima Facie Evidence
Kapag ang public officer:
Hindi niya ma-produce ang pera kapag hinanap
Automatic may presumption na:

➡ Ginamit niya sa personal use
Unless mapatunayan niya otherwise.
Penalty (Depende sa amount):

Amount Penalty

₱40,000 below - Prision Correccional

₱40,000 – ₱1.2M - Prision Mayor

₱1.2M – ₱2.4M - Prision Mayor max to Reclusion Temporal

₱2.4M – ₱4.4M - Reclusion Temporal

₱4.4M – ₱8.8M - Reclusion Temporal max

Above ₱8.8M - Reclusion Perpetua

Additional penalty:
• Perpetual disqualification
• Fine equal to amount stolen

ARTICLE 218 – Failure of Accountable Officer to Render Accounts

:Ito ay kapag ang accountable officer ay:
Hindi nag submit ng report ng funds within 2 months
After required siyang mag submit

Example:
Treasurer hindi nag submit ng liquidation report
Kahit required

➡ Crime na iyon under Article 218

ARTICLE 219 – Failure of Responsible Public Officer to Render Accounts Before Leaving

Kapag ang public officer:
Umalis sa position
Pero hindi nag render ng accounts
Within 1 month

Example:
Supply officer nag resign
Hindi nag turnover ng property inventory

➡ Violation ito

ARTICLE 220 – Illegal Use of Public Funds or Property

(Technical Malversation)
Ginamit ang public funds sa ibang public purpose
Pero hindi yun ang intended purpose

📌IMPORTANT:
Hindi personal use
Pero mali ang paggamit

📌Example:
Budget for:
School supplies
Ginamit sa:
Road repair

➡ Crime pa rin iyon
Kahit government purpose

ARTICLE 221 – Failure to Make Delivery of Public Funds or Property

:Kapag ang officer:
Required mag deliver ng funds
Pero hindi ginawa

Example:
Collector nakasingil ng taxes
Pero hindi niya dinala sa treasury

➡ Crime iyon

ARTICLE 222 – Officers Included
Important ito.
Sinasabi dito na:
Hindi lang government officers
Pati private individuals pwede makasuhan
If sila ay:
• May custody ng public funds
• Administrators
• Guardians
• Depositaries

Example:
Private person na incharge sa government funds
Ginamit sa sarili
➡ Malversation pa rin

Address

2/F Mangarin Bldg. , San Juan Avenue , North Centro, Camarines Sur
Sipocot
4408

Website

Alerts

Be the first to know and let us send you an email when Atty. Francisco "Tito" Veras, Jr. posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Shortcuts

Share

Category