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Reconstitution of Title: Proof by Clear and Convincing Evidence. Remedy in Case of Denial.

“Reconstitution of a lost or destroyed certificate of title may be done judicially, in accordance with the special procedure laid down in R.A. No. 26 or administratively, in accordance with the provisions of R.A. No. 6732.” [ Marcelino dela Paz vs. Republic of the Philippines  (G.R. No. 195726, dated November 20, 2017)].   Administrative reconstitution of title under RA No. 6732 may only be availed of in case of substantial loss or destruction of land titles due to fire, flood or other force majeure as determined by the Administrator of the Land Registration Authority: Provided, That the number of certificates of titles lost or damaged should be at least ten percent (10%) of the total number in the possession of the Office of the Register of Deeds: Provided, further, That in no case shall the number of certificates of titles lost or damaged be less than five hundred (500).   In all other cases, a petition in court may be filed to reconstitute loss or destroyed title ...
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ACTIONABLE DOCUMENT – The Reply requirement under the 2019 Amendments to the Rules of Civil Procedure.

Under the 2019 Amendments to the Rules of Civil Procedure, the filing of a Reply to an Answer is allowed only when the Answer attaches an actionable document (or the contents of the document were alleged verbatim in the Answer), to wit:   Section 10.   Reply.  — All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint. However, the plaintiff may file a reply only if the defending party attaches an actionable document to his or her answer.   A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged in, or relating to, said actionable document.   In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the same is based solely on an actionable document. ( Rule 6 )   If the...
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When a Case Becomes Moot and Academic. Supervening Event

When a Case Becomes Moot and Academic. Supervening Event   When does a case become moot and academic?  The Supreme Court in the case of  Federal Express Corporation vs. Airfreight 2000, Inc., and the CIR (G.R. No. 225050, dated September 14, 2021) , citing the case of  Garcillano vs. House of Representative Committee on Public Information [ 595 Phil. 775 (2008)
] ,  explained as follows: “In  Garcillano v. House of Representatives Committee on Public Information , the Court elucidated on when a case should be dismissed for being moot and academic:    The Court, however, dismisses G.R. No. 170338 for being moot and academic. Repeatedly stressed in our prior decisions is the principle that the exercise by this Court of judicial power is limited to the determination and resolution of actual cases and controversies. By actual cases, we mean existing conflicts appropriate or ripe for judicial determination, not conjectural or anticipatory, for oth...
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Arbitrary, Illegal, and Unconscionable INTEREST RATE

Arbitrary, Illegal, and Unconscionable INTEREST RATE   Parties to a contract are free to stipulate the terms and conditions of their agreement, including the payment of interest and the interest rate. Under Article 1159 of the Civil Code, their respective obligations arising from their contract have the force of law between the parties and should be complied with in good faith. Accordingly, with respect to the payment of interest, the debtor (obligor) is bound to pay the interest rate stipulated and agreed upon,  EXCEPT when no interest rate was agreed upon, or when the interest rate is illegal and unconscionable, or the imposition of interest is arbitrary.   In cases where the interest rate was not agreed upon, or its imposition was arbitrarily made only by the creditor (obligee), or when the interest rate imposed is illegal and unconscionable, the courts will step in and impose the prevailing and legal interest.    The obligation to pay interest may arise eith...
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A Kill Switch to Data Privacy Protection?

A Kill Switch to Data Privacy Protection?   When Filipinos make laws, we put our own “Filipino flavor” to the law. Does it make it more palatable to the Filipinos or to Philippine setting? Or does it create a bad taste in the mouth?   The Philippine Data Privacy Act of 2012  (Republic Act No. 10173)  aims to protect the fundamental human right of everyone to data privacy. The Philippines and its people give the highest degree of value to human rights and we share this value to all, regardless of nationality, religion, ethnicity or ideology.  The Philippine Declaration of Human and People ’ s Rights before the Human Rights Osaka (HURIGHTS) provides:   “We, peoples of the Philippines, give highest value to the dignity and fullness of life of the human person and share a common aspiration for human rights—even as we speak different languages and dialects, profess different spiritual beliefs and uphold different ideologies.        ...
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