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realtyhubph-blog · 5 months
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Pasalo Unit Sunshine Homes 2 Angeles
Unlock affordable elegance at Sunshine Homes 2, Angeles City! Assume balance for a Corner Elegance Rowhouse with outdoor space. Your dream home is just a step away. 🏠 #AssumeBalance #SunshineHomes
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smdccondosposts · 13 days
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Cheerful Homes
Are You Searching for Your Ideal Mabalacat City Lot and House in Pampanga? Look No Further than SMDC Cheerful Homes. Thus, ideally Located Near all Action and Offering Comfort with Affordable Pricing Options Cheerful Homes has something special in store for everyone. Also, whether first time Buyer or Investor alike!
Visit Us: https://thesmdc.ph/properties/cheerful-homes/
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thxnews · 3 months
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Quiboloy Manhunt Intensifies: Davao City Police Vow Action
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With a determined air that resonates through the corridors of law enforcement in Davao City, the local police force is doubling down on their efforts to locate Apollo Quiboloy, the religious leader with a burgeoning cloud of legal challenges. The commitment of the Davao City Police Office (DCPO) to this cause underscores a steadfast dedication to the rule of law and public safety.  
The Catalyst of Current Events
Efforts Amplified in Locating Quiboloy It was during a recent press briefing that Colonel Richard Bad-ang, the DCPO director, made it clear: the hunt for Quiboloy is more than routine—it's a mission. Following a qualified human trafficking case filed against him, Quiboloy’s whereabouts have become a matter of pressing interest, not only for the DCPO but for the national consciousness.   Collaborative Endeavors and Strategic Operations In a display of inter-agency collaboration, the DCPO and the Office of the Sergeant-at-Arms (OSAA) are pooling resources, expertise, and intelligence. Their goal? To serve justice as seamlessly as possible, with a keen eye on preserving peace and preventing any potential for conflict.  
Navigating Through Challenges
The Elusiveness of Quiboloy Despite the comprehensive efforts of the intelligence community and law enforcement, Quiboloy remains elusive. This chase, however, is not just about a man but about what he represents: a challenge to the principles of accountability and transparency. The DCPO’s strategy involves a meticulous examination of properties and potential hideouts, a testament to their resolve.   A Peaceful Resolution as the Paramount Goal Above all, the DCPO emphasizes a desire for a peaceful conclusion. The specter of violence is something they are keen to avoid, with every action taken underpinned by a commitment to protect all involved parties.  
A Brief Dive into the Past
Quiboloy: The Man Behind the Controversy To fully grasp the gravity of the situation, one must consider Quiboloy's journey. From his early days in Pampanga and Davao City to his establishment of the Kingdom of Jesus Christ (KOJC) and the controversial claims that followed. His self-proclamation as the "Appointed Son of God" has not only drawn millions of followers but has also placed him under intense scrutiny.   A Call for Civic Vigilance In the wake of the DCPO's relentless pursuit of bringing Quiboloy to justice, this saga compels us to broaden our reflection on accountability, leadership, and the role of civic responsibility. Furthermore, it serves as a poignant reminder of the delicate balance between faith, law, and the enduring quest for truth.   Sources: THX News, Wikipedia, Got Questions, Apolloquiboloy (May be bias) & Philippine News Agency. Read the full article
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casa-aterradora · 3 months
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Blog Entry #4
THE WEEKEND OF MYSTERY AND INTRIGUE
by: Jenny Evangelista, Shanicka Jarlego and Andrei Peña
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We found something on the internet similar to what we experienced in a house with a significant feel and it was "The Haunted House" by Charles, "My Pinoy Horror Story, My Horror Story" by Ako si Batoytoy and "Pampanga House" by triglyceride. Haunted houses have an irresistible charm regardless of your beliefs on these subjects and according to them they also have a strange feeling in their vacation rental properties and to their old house.
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onenettvchannel · 3 months
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FLASH REPORT THIS AFTERNOON: K5 News FM radio journalist in Olongapo City was attacked and reported missing for confrontation over violent land dispute demolition coverage in Pampanga [#OneNETnewsEXCLUSIVE]
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ANGELES, PAMPANGA -- A violent demolition unfolded on Tuesday morning (March 12th, 2024 -- Pampanga local time) in Sitio Balubad, Brgy. Anunas, Angeles City, Pampanga marking a distressing turn in an ongoing land dispute. The confrontation escalated when members of the demolition team, purportedly affiliated with the Clarkhills Properties Corporation (CPC), resorted to aggressive measures to halt a local radio reporter's coverage of the event.
Ms. Rowena Rebusada "Weng" Quejada, a local K5 news reporter of DWFJ-FM 107.1mhz's K5 News FM: Olongapo, found herself in the crosshairs as she attempted to document the unfolding events. According to eyewitness accounts and corroborated by series of Facebook LIVE videos and status posts off-camera, members of the demolition team, donned in bonnets and wielding firearms, confronted to Ms. Quejada.
Demanding an end to her live coverage and the surrender of her cellphone, the assailants seized Quejada's belongings, including her shoulder bag and wallet, which contained a sum of cash. Despite pleas from Quejada and bystanders, the situation quickly spiraled out of control, leaving Quejada unaccounted for.
The disturbing incident, captured in real-time through social media under Meta Platforms Inc., has sparked widespread outrage, in relation to media blackouts, and calls for swift action from authorities. Concerns for Quejada's safety have intensified, prompting an urgent search operation led by local law enforcement agencies, which later to be turned over thru Angeles City Police Station (ACPS), along with Ansbert B. Joaquin of NUJP-Olongapo chapter.
Following the violent demolition in progress without relocation, a Japanese national who witnessed the incident helped Ms. Quejada, and hid the latter inside his home as a good samaritan. She stayed with the Japanese family until the tension eased as Ms. Quejada is reported safe within the same day in the afternoon today, and is less likely to not-so-celebrating 200th journalist killed under the administration of Philippine president 'Ferdinand "Bongbong" Romualdez Marcos Jr.', according to the 'National Union of Journalist of the Philippines' (NUJP).
The regional management and staff of '5K Broadcasting Network Inc.' (5KBNi) in Bacolod City, Negros Occidental as Chief Executive Officer and President of 5KBNi (Dr. Ramel Ytang Uy) and human resource manager of DYQU-FM 103.9mhz's K5 News FM: Bacolod named Jean Paul Cañete Generoso to be possibly endorsed for Ms. Quejada thru either Social Security System (SSS) or Government Service Insurance System (GSIS), and is potentially entitled for its health insurance, tax-exempt hazard pay and other incentives (if applicable) from these nationals of government institutions, in relation to this said incident in Pampanga.
The situation with land disputes in the region is really troubling. Marginalized communities are bearing the brunt of these aggressive development projects. It's crucial that we address the challenges faced by local residents caught in these conflicts and work towards protecting human rights. Those who are perpetrating violence and intimidation must be held accountable.
As investigations into the incident unfold, the fate of Ms. Rowena Rebusada "Weng" Quejada hangs in the certain balance, as her colleagues, family and supporters anxiously await news of her whereabouts. The alarming episode serves as an extreme stark reminder of the dangers faced by journalists and media personnel in the pursuit of truth and justice for all of their damages that happened next.
SCREENGRAB COURTESY: DWFJ-FM 107.1mhz's K5 News FM: Olongapo via FB LIVE VIDEO BACKGROUND PROVIDED BY: Tegna
SOURCE: *https://www.facebook.com/100086443975139/videos/1392642044705173/ [Referenced FB LIVE VIDEO #1 via K5 News FM: Olongapo] *https://www.facebook.com/100086443975139/videos/1199826694731012/ [Referenced FB LIVE VIDEO #2 via K5 News FM: Olongapo] *https://www.facebook.com/100086443975139/videos/285245121132310/ [Referenced FB LIVE VIDEO #3f via K5 News FM: Olongapo] *https://www.facebook.com/100088950908417/videos/1175611860266233 [Referenced FB LIVE VIDEO via Balubad Anunas Angeles] *https://www.facebook.com/100086002882313/videos/1273561650828606/ [Referenced FB RELAY VIDEO via RMN Region 3] *https://www.facebook.com/100086443975139/posts/393711610186968 [Referenced FB Captioned PHOTO #1 via K5 News FM: Olongapo] *https://www.facebook.com/100013390039380/posts/1856453914810925 [Referenced FB Captioned PHOTO #2f via K5 News FM: Olongapo - Jack Solano] *https://www.facebook.com/100068469763368/posts/708468264778826 [Referenced FB News Article #1 via Anakbayan Laguna Chapter] *https://www.facebook.com/100068469763368/posts/708499454775707 [Referenced FB News Article #2f via Anakbayan Laguna Chapter] *https://www.facebook.com/100064746876937/posts/810050987829790 [Referenced FB Captioned Post via Panday Sining] *https://www.facebook.com/100072393875472/posts/425403613216098 [Referenced FB Captioned Post #1 via NUJP] *https://www.facebook.com/100072393875472/posts/425453889877737 [Referenced FB Captioned Post #2f via NUJP] *https://www.facebook.com/61550084955633/posts/122193062888002831 [Referenced FB Captioned Post via Angeles City PIO] *https://www.facebook.com/100064572676856/posts/584841680344916 [Referenced Classic FB News Article via DZRB-AM 738khz's Radyo Pilipinas: Manila] *https://www.philstar.com/pilipino-star-ngayon/probinsiya/2024/03/12/2340024/rights-group-pampanga-demolition-nauwi-sa-pamamaril-7-residente-sugatan [Referenced News Article via Pilipino Star Ngayon] and *https://pilipinomirror.com/isinusulong-sa-kamara-hazard-pay-sa-media-workers/ [Referenced Classic News Article via Pilipino Mirror]
-- OneNETnews Team
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People vs. Alay-ay, G.R. No. 94310, 30 June 1993
Doctrine: 
Relevant discussion in the book of Reyes:
When no force or violence was employed in the taking, as victim was already heavily wounded.
In this case, the personal properties were taken after accused-appellant had already successfully carried out his primary criminal intent of killing the victim and the taking did not necessitate the use of violence or force upon the person of the victim nor force upon anything. Considering that the victim was already heavily wounded when his personal properties were taken, there was no need to employ violence against or intimidation upon his person. Accused-appellant can only be held guilty of the separate offense of theft. (People vs. Basao, G.R. No. 128286, July 20, 1999). 
FACTS
Between 5:30 and 6:00 in the morning of March 22, 1985, Felomena Franche – the victim, was tending her store at Dau Homesite, Dau, Mabalacat, Pampanga. Saldy Guela, grandson of Felomena, was staying in the same house of the victim’s daughter – Mila Pineda. Suddenly, Saldy heard a woman shouting, "Mila, Mila, somebody is hitting your mother's head." Upon hearing this, Saldy stood up and looked out the window. He saw a man inside the store hitting the head of his grandmother, Felomena Franche, with a two-foot-long piece of wood. When the man was about to get out of the store, Saldy saw his face and recognized him as "COT", who frequently drank liquor at the store. He went downstairs but upon reaching the ground, "COT" was already scaling the wall. Thus, Saldy proceeded to the store where he carried his grandmother. 
About 6:00 that same morning, Natividad de la Cruz, who was on her way to the store of Felomena Franche, saw appellant, Virgilio Alay-ay, alias "Cot" whom she had known since 1972, jump over the fence of said store. Appellant was carrying a Sanyo transistor radio which Natividad recognized as the property of Felomena, because she always saw Felomena use it whenever she Natividad went to the store. 
Meanwhile, Mila Pineda, Saldy Guela and a neighbor, Jimmy, succeeded in reviving the unconscious Felomena. Afterwards, Mila and another neighbor brought Felomena to the Pampanga Polymedic Hospital. On the way to the hospital, Mila asked her mother "Who hit you?" and she answered, "It was Cot" 
At the Pampanga Polymedic Hospital, Dr. Carmelo Mendiola attended to Felomena Franche. At past 8:00 that same morning, the case was referred to Dr. Eduardo Buencamino, who found Felomena unconscious, in shock, with multiple injuries on the face and head and blood coming out from her nose and mouth. He ordered resuscitative measures which, however, proved unsuccessful. At 10:10 that morning, Felomena Franche was declared dead. 
Virgilio Alay-Ay was found guilty of the crime of Robbery with Homicide and sentenced to life imprisonment.
ISSUE/S
Whether the accused shall be convicted of the separate crimes of Homicide and Theft instead of the special complex crime of Robbery with Homicide. 
RULING
The Court ruled in the AFFIRMATIVE.
Citing the ruling in the case of People v. Evardo:
  . . . To sustain conviction for the special complex crime of robbery with homicide, it must be established with certitude that the killing was a mere incident to the robbery, the latter being the main purpose and objective of the criminals. It contemplates a situation where the homicide resulted by reason or on the occasion of the robbery (People vs. Robante, 178 SCRA 552 [1989].
In the case at bar, it cannot be said with moral certainty that accused appellant's intention was to steal the radio and money and that the killing of the victim was a mere incident to the robbery.
The testimony by Saldy Guela that the accused-appellant had been frequently drinking at the store tended by the victim for about three (3) months prior to the killing. There is also testimony by Mila Pineda that accused-appellant had always been quarreling with the victim and it could have been due in part to the fact that accused-appellant had been enamored of her.
Given these two variables, a possible scenario could have been the following:
Accused appellant, went very early to see the victim at the store that fateful day. He might have tried to physically display his affections, if one could call it that, toward the victim. She must have resisted, or worse, laughed him off, and he must have resented it. One thing might have led to another with the end result that he hit her with a piece of wood. In his escape he grabbed her Sanyo transistor radio, as a souvenir, 22 and the P100 peso-bill to provide for his fare to Bamban, Tarlac.
What the Court is pointing out is that there is a dearth of evidence to show that the accused-appellant had the intention to steal cash and other valuables in the store and that he killed the victim on occasion of the robbery. As such he cannot be convicted of the crime of robbery with homicide but of two specific crimes, that of homicide and theft.
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pinoyaksyonnewsph · 6 months
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P.A. Petroleum achieves milestone with new Caltex Philippines dealership contract
P.A. Petroleum Resources Inc., an affiliate company of P.A. Properties, proudly announces a significant achievement as it officially signed a new dealership contract with Caltex Philippines. The signing event marked the initiation of agreement, serving as the kickoff for the growing business partnership. The agreement solidifies the partnership between Caltex Philippines and P.A. Petroleum Resources Inc. for an exciting new project in Idesia Lipa, Batangas. The Gasoline Station project, set to be completed by June 2024, will be situated on a 1,200sqm portion of the 2,756sqm overall property size in Lipa City, Batangas.
Upon completion, the Gasoline Station will feature additional developments, including various commercial spaces, which will compliment all of the future commercial development and offerings in the vicinity.
This collaboration with Caltex Philippines marks the beginning of a strategic partnership, with future projects anticipated in Caloocan, Pampanga, and other stand-alone locations. P.A. Properties looks forward to the positive impact this venture will have on sales, benefiting both the residential and commercial sectors in Idesia Lipa, Batangas.
“This partnership with Caltex represents a significant milestone for P.A. Petroleum Resources Inc. and P.A. Properties. We are excited about the opportunities it brings, not only for our companies but for the communities we serve. The Gasoline Station project in Idesia Lipa is just the beginning of what we believe will be a fruitful collaboration, with more projects on the horizon,” said Romarico T. Alvarez, Chairman of P.A. Properties.
The official launch of the project is scheduled for June 2024, and both companies are eager to bring this venture to fruition, delivering value to the residents and businesses in Idesia Lipa, Batangas.
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lionunion · 7 months
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A Comprehensive Guide to Real Estate Investment in San Fernando, Pampanga
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When considering the top real estate investment locations, a deep understanding of the city’s intrinsic attributes and market trends is essential. San Fernando, Pampanga, known for its rich cultural heritage, dynamic economy, and historical significance, is fast becoming a focal point for real estate investors and potential homeowners. Dive deep into this detailed guide to grasp the essence of San Fernando: from its thriving real estate market, premier properties, shopping hubs, educational institutions, transportation networks, healthcare facilities, to its recreational spots. This guide serves as your compass for making informed real estate decisions in San Fernando, Pampanga.
Table of Contents
Introduction to San Fernando, Pampanga
Real Estate Market Overview in San Fernando
Highlights of Hot-Selling Properties
Shopping Malls
Education
Transportation
Medical Facilities
Leisure Destinations
1. Introduction to San Fernando, Pampanga
Geographic Location: San Fernando is the bustling capital city of Pampanga, strategically situated in the Central Luzon region.
Barangays: San Fernando consists of 35 barangays, each offering varied living experiences and contributing to the city’s cultural tapestry.
Land Area: The city spans an area of 67.74 km², boasting a harmonious blend of urban development and green landscapes.
Population: With over 306,000 residents, San Fernando thrives as a hub of activity, culture, and commerce.
Economic Overview: Traditionally, San Fernando has been an agricultural city. Still, with its strategic location, it has expanded its horizons to commerce, retail, and several other industries.
Featured Industries: While agriculture remains foundational, San Fernando is seeing substantial growth in the retail, service, and tourism sectors.
Infrastructure Development: San Fernando is well-connected with a network of roads and highways, making it easily accessible and boosting its appeal for businesses and residents alike.
2. Real Estate Market Overview in San Fernando
With the city’s continual growth, there’s a surge in interest for house and lot for sale in San Fernando Pampanga and condo for sale in San Fernando Pampanga. San Fernando offers a spectrum of real estate options, from luxurious estates to budget-friendly homes.
3. Highlights of Hot-Selling Properties
Azure North: A paradise of luxury and modern living.
Amaia Scapes San Fernando: Where modern design meets affordability.
Alpine Residences: A symbol of elegance and convenience.
Montrose Parkview: Experience the pinnacle of comfortable living.
4. Shopping Malls
San Fernando promises a delightful shopping experience, with malls and markets offering a mix of local and international brands.
5. Education
The city is home to several esteemed educational institutions, ensuring top-notch education for its youth.
6. Transportation
Efficient transportation, including jeeps, buses, and tricycles, coupled with its strategic location near major highways, ensures San Fernando remains well-connected.
7. Medical Facilities
With numerous hospitals and clinics, San Fernando guarantees exceptional healthcare for its residents.
8. Leisure Destinations
From historical landmarks to modern recreational facilities, San Fernando provides diverse options for relaxation and entertainment.
In wrapping up, San Fernando, Pampanga, stands as a beacon of growth, culture, and opportunities. Its rich history, coupled with modern amenities and a vision for the future, makes it an unparalleled choice for real estate investments. Whether you’re looking to settle down or invest, the city of San Fernando beckons with unmatched potential.
Source: Lionunion Real Estate
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luminalesty · 10 months
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Affoedable Property Investment in Magalang, Pampanga- Bettina Select
Bria Homes’ Bettina is your home of choice. With a floor area of 44 sq. m. and a lot area of 36 sq. m., this two-storey townhouse is perfect for new families.
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1126maetrinidad · 1 year
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Lumina Pampanga Airene Rowhouse
Lumina Homes' Airene Model is a 22 square meter home on a regular 36 square meter lot. Its features include a living area, dining & kitchen, 1 bedroom provision, 1 toilet & bath, and service area.
https://www.lumina.com.ph/property-listing/model/48
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realtyhubph-blog · 1 year
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Dizon Estate Pampanga
Discover Your Dream Lot at Dizon Estate Pampanga
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azeb-lifestyle · 1 year
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Alviera Pampanga: The Next Big Thing in Real Estate Investment
Alviera Pampanga is a sustainable, mixed-use estate by Ayala Land, located in Porac, Pampanga in Central Luzon—one of the Philippines’ emerging growth regions to live, work, and invest in, north of the country.
Alviera Pampanga is a sustainable, mixed-use estate by Ayala Land, located in Porac, Pampanga in Central Luzon—one of the Philippines’ emerging growth regions to live, work, and invest in, north of the country. In this article, we’ll take a closer look at what Alviera Pampanga has to offer, from its location and accessibility to its residential properties and investment opportunities. We’ll also…
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theresidences · 1 year
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Ready for Occupancy Properties in Pampanga
Hanap moba ay RFO na properties sa Pampanga, Eto na ang hinahanap mo. For More info you contact me: 0918-7494-837 Viber/WhatsApp/Telegram. #CapasTarlac #NewClarkCity #investment #cityofthefuture #condoforsale #RealEstate #greencity #condo #condoph #new #newpost #love #loveit #newhome #forsale #ForSale. #NewHome. #LuxuryRealEstate. #HomesforSale. #JustListed. #NewListing. #InvestmentProperty. #instagood #TalanaiHomes #Talanai #Propertiesinpampanga #Pampanga #SingleAttched #PropertiesInPampanga #Onepropertee #OnePropertee #2-beroom-single-attched #PhirstPark #Homes #phirstpark #Propertiesinpampanga #Pampanga #SingleAttched #PropertiesInPampanga #Onepropertee #OnePropertee #2-beroom-single-attched #love #trending #reels #trend
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sevamelanie28 · 1 year
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ZENAIDA MEDINA, ASSISTED BY HER HUSBAND, FELICIANO CASERO, PETITIONER-APPELLANT,
VS.
DRA. VENANCIA L. MAKABALI, RESPONDENT-APPELLEE.
FAUSTO D. LAQUIAN FOR PETITIONER-APPELLANT.
MAXIMINO Q. CANLAS FOR RESPONDENT-APPELLEE.
G.R. No. L-26953              
March 28, 1969
Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. (n)
FACTS:
Joseph Casero was born to petitioner Zenaida Medina on February 4, 1961, at the Makabali Clinic in San Fernando, Pampanga, which respondent Dra owned and ran. Single Venancia Makabali helped with the delivery. The third child Zenaida had with Feliciano Casero, a married man, was a boy.
The mother left the child with Dra. Makabali was born to be. The latter cared for Joseph as if he were her own child and had Dra cure his poliomyelitis at her expense. Fe del Mundo was sent to school and cared for in Manila while he was getting better. The child's true mother did not visit or support him at any time from birth until August 1966.
The trial revealed that petitioner Zenaida Medina cohabited with Feliciano Casero and her two other children, ostensibly with the consent of Casero's legal wife, who lives elsewhere, even though the children of both women get along well. The trial also revealed that Casero makes about P400.00 a month as a mechanic and that Zenaida herself makes between 4 and 5 pesos per day.
ISSUE:
Whether or Not the petition for  rights and duties of parents and children should go to the petitioner (parent)
RULING:
After removing from Dra. The Court determined that it was in the child's best interest to remain with his foster mother and rejected the writ requested. Makabali a pledge to give the kid a free option of whoever to live with when he turns 14 years old. As was already mentioned, the real mother appealed.
It is implied that the reason the respondent won't give up the boy is to force the petitioner to foot the bill for the child's upbringing. This is not acceptable, for Dra. Given Zenaida's limited resources, Makabali was aware (at least during the trial) that any expectation on her behalf is illusory, but she nonetheless indicated her readiness to look out for and teach him.
No evidence of an abuse of discretion has been presented; rather, the challenged order is justified by fact and law, and as such, we hold that it should be upheld. Appellant incurs costs.
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orfealfonso · 1 year
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FAMILY CODE OF THE PHILIPPINES
TITLE IV:PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
ARTICLE 109
The following shall be the exclusive property of each spouse:
1. That which is brought to the marriage as his or her own;
2. That which each acquires during the marriage by gratuitous title;
3. That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses and
4. That which is purchased with exclusive money of the wife or of the husband.
When the property is registered in the name of a spouse only and there is no showing as to when the property was acquired by said spouse, this is an indication that the property belongs exclusively to said spouse. And this presumption under Art. 160 of the Civil Code cannot prevail when the title is in the name of only one spouse and the rights of innocent third parties are involved.
PNB v. Court of Appeals
Facts:
Clodualdo Vitug passed away without a will. These parcels of land (TCT-2289, TCT-2887, and TCT-2888) were mortgaged to PNB as collateral for various debts taken out by Pedro Bacani, Salvador Vitug, and each of them. The bank foreclosed on all the mortgaged properties since the loans were never repaid. The parcels were bought by PNB as the highest bidder, who afterwards sold them to the Vitugs and the fajardo.
In the meantime, Donata signed a leasing agreement with her sons Pragmacio and Maximo Vitug for the lot covered by TCT-2887-R. A few years later, the same brothers sued the PNB, the Vitugs, the Fajardos, and Marcelo Mendiola, the special administrator of Donata's intestate estate, in the CFI Pampanga for partition and reconveyance with damages. They asserted that the 30 land parcels represent a portion of Donata and Clodualdo's conjugal property, and they claim a 2/11 share of each lot.  They criticized the mortgage the PNB had taken out on those properties as well as the subsequent public sale. They cited the Vitug v. Montemayor judgment, in which the SC decided that the 30 portions of land were conjugal.
Issue:
1. Can the PNB rely merely on the torrens certificate of the title covering Donatas properties for the processing of the respective mortgage loan application
2. Is the earlier action for reconveyance and partition concerning the 30 lots real action and binding upon the PNB by virtue of the Vitug vs. Montemayor decision?
Ruling:
 
1. Yes,The PNB had sufficient reason to rely on the torrens certificate of the title of the mortgaged properties. The SC ruled that in processing the loan is applications, the PNB had the right to rely upon the face of the certificate of title.Clearly, it appears that Donata (a widow) owns the properties and the PNB had no reason to doubt her status and ownership. The PNB also found no liens or encumbrances covering the properties. The clean facts reasonably cancel the need to make further inquiry.The Court applied the well-known rule in jurisdiction that a person has a right to rely upon the face of the Torrens Certificate of Title when dealing with a registered land. It is not necessary to inquire beyond its face, except when such person has an actual knowledge of facts and circumstances that would prompt him to inquire further. The Court ruled that a Torrens title “concludes all controversy over ownership of the land covered by a final degree of registration” and upon such registration, the person is assured of ownership without going to court or sitting at the veranda ofhis house to avoid the fear losing his land.
(2) No. The SC maintained that although actions for recovery of real property and for partition are real actions, they are action in personams, which are binding only upon the parties thereto. The PNB is not a party in the cited case and is thereto not bound by the decision.In addition there is no showing that PNB was aware of ghe case decision when it extended the mortgage loan involving the subject property.The court settled that if the PNB knew that said properties were conjugal it would not have approved the mortgage application without securing the consent of its co-owners.Therefore the PNB is considered purchaser for value in good faith when it sold the goreclosed properties at a public auction.The complain is dismissed.
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rosevjuniosa83 · 2 years
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Article 108. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this chapter or by the spouses in their marriage settlements. (147a)
MENDOZA VS. REYES, 124 SCRA 154
FACTS:
Ponciano and Julia were married in 1915, the properties in question consisting of lots 5 and 6 it was bought on installment basis, both the spouses jointly obtained a loan to pay their balance.
🔸The deed of absolute sale was executed were the vendee named "Julia De Reyes" her signature appear over the caption vendee and those of Ponciano under the phrase of "with my marital consent".
🔸TCT's were issued in the name of Julia Reyes married to Ponciano Reyes.
🔸While Ponciano attending his farm in Pampanga Julia absolutely sold the lots to the Mendoza's without the knowledge and consent of Ponciano, at the times the spouse were not in good terms.
🔸Ponciano filed a complaint for the annulment of a deed of sale of two parcels of land contending that the said properties were conjugal of them, and that she sold them to the petitioners all by herself and without his knowledge and consent.
🔸The Mendoza's alleged that the properties were paraphernal properties of Julia, and that they purchased it with good faith and adequate consideration.
🔸Julia also testified that she bought the two parcels of land on installment basis and that the first payment come from her personal funds.
🔸The CFI declared that the properties were exclusive and paraphernal properties of Julia and ruled that she could validly dispose of the same without tge consent of her husband.
ISSUE: Won the disputed properties are conjugal properties.
HELD:
Yes, The deed of sale is declared null and void with respect to one half share of Ponciano under Art. 153 of Civil Code provides:
The following are conjugal partnership property which is acquired by onerous title during the marriage at the expense of the common fund, whether acquisition be for the partnership or for only one of the spouses.
..... It is sufficient to prove that the property was acquired during the marriage in order that the same maybe deemed conjugal property. There is no question that tge disputed property was acquired in onerous title during the marriage.... "PRESUMPTION OF CONJUGALITY"
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