GE 3141- T3 Lecture.pdf

GE 3141  COURSE OUTLINE I. Overview of Law in General – Hierarchy and Dimensions of Law [2 weeks] 1. Divine, Natural and Man-Made Laws 2. Laws of Nature 3. Principles of Law 4. Constitution, Statutes, Administrative Issuances, Local Ordinances & Jurisprudence 5. Subs...

GE 3141  COURSE OUTLINE I. Overview of Law in General – Hierarchy and Dimensions of Law [2 weeks] 1. Divine, Natural and Man-Made Laws 2. Laws of Nature 3. Principles of Law 4. Constitution, Statutes, Administrative Issuances, Local Ordinances & Jurisprudence 5. Substantive and Remedial Laws 6. Political/Administrative, Civil, Criminal, Remedial Laws 7. Distinguishing Private Property Laws and Laws Governing State-Owned Resources [focus] GE 3141 GE 3141  Political/Administrative, Civil, Criminal, Remedial Laws Political and Administrative Laws- Laws governing the structure and operation of government. Key Laws: 1. Republic Act No. 8560: The Geodetic Engineering Law 2. National Land Use Act: Guidelines on land use planning. GE 3141  Political/Administrative, Civil, Criminal, Remedial Laws Impact on Geodetic Engineering: Licensing and regulation of geodetic engineers. Administrative procedures for land surveys. GE 3141  Republic Act No. 8560: The Geodetic Engineering Law Key Notes: Establishes the practice of geodetic engineering in the Philippines. Defines the scope and limitations of practice for geodetic engineers. Requires licensing and registration of geodetic engineers. GE 3141  SEC 2: DEFINITION OF TERMS (a) Practice of Geodetic Engineering involves the organized and professional collection, processing, and presentation of Earth's surface data using precision instruments. This includes: 1. Using surveying and mapping equipment to measure land, water, and other physical features. 2. Conducting horizontal, vertical, and political boundary surveys. 3. Performing land surveys for metes and bounds and titling. 4. Subdividing and consolidating titled properties. GE 3141  Republic Act No. 8560: The Geodetic Engineering Law Submitting survey plans to government agencies without needing further verification. Creating sketch, lot, and location plans. Performing engineering surveys (topographic, hydrographic, construction, etc.). Conducting parcellary surveys for infrastructure projects. Conducting gravimetric and photogrammetric surveys. GE 3141  Republic Act No. 8560: The Geodetic Engineering Law Surveying and mapping for geographic or land information systems. Determining line and grade for construction projects. Conducting as-staked and as-built surveys for infrastructure. Performing mineral and mining surveys. Installing machinery using precision instruments. Teaching and transferring geodetic knowledge. GE 3141  Republic Act No. 8560: The Geodetic Engineering Law (b) Geodetic Engineer is a certified professional recognized by the Board of Geodetic Engineering, who has taken the professional oath. GE 3141  Section 3. Creation and composition of the Board of Geodetic Engineering. A Board of Geodetic Engineering is established, composed of a chairman and two members. These members are appointed by the President of the Philippines from a list of three nominees for each position, ranked in order of preference, submitted by the accredited association of geodetic engineers. The Board must be organized within six months of the Act's effectivity. GE 3141  Section 3. Creation and composition of the Board of Geodetic Engineering. A Board of Geodetic Engineering is established, composed of a chairman and two members. These members are appointed by the President of the Philippines from a list of three nominees for each position, ranked in order of preference, submitted by the accredited association of geodetic engineers. The Board must be organized within six months of the Act's effectivity. GE 3141  Section 4. Qualifications of Members of the Board. To qualify as a member of the Board of Geodetic Engineering, an individual must: (a) Be a natural-born citizen and resident of the Philippines, (b) Be at least 40 years old, (c) Be a registered Geodetic Engineer with a valid license and at least 10 years of active practice, (d) Not be part of the faculty or have financial interests in any institution teaching Geodetic Engineering, GE 3141  Section 4. Qualifications of Members of the Board. (e) Not have been involved with a review center or review classes for at least 3 years prior to appointment, (f) Not have been convicted of any offense involving moral turpitude. GE 3141  Section 8: Qualifications for Examination and Registration – Requirements to practice as a geodetic engineer. The Board of Geodetic Engineering has the following powers and duties: (a) Create rules and regulations for implementing the Act, (b) Supervise the examination, registration, and licensure of Geodetic Engineers, (c) Administer oaths to new practitioners, (d) Issue certificates of registration, (e) Issue, suspend, or revoke licenses, GE 3141  Section 8: Qualifications for Examination and Registration – Requirements to practice as a geodetic engineer. (f) Adopt an official seal, (g) Monitor the profession and promote high ethical and professional standards, (h) Ensure educational institutions meet CHED standards, (i) Create and enforce a Code of Ethics, (j) Hear administrative cases and issue subpoenas, (k) Set guidelines for Continuing Professional Education (CPE), GE 3141  Section 8: Qualifications for Examination and Registration – Requirements to practice as a geodetic engineer. (l) Prepare and amend exam syllabi, (m) Approve and regulate temporary licenses, (n) Perform other duties to enhance and develop the profession and education of Geodetic Engineering in the Philippines. GE 3141  National Land Use Act (Pending Legislation) Key Notes: Aims to establish a framework for land use planning in the Philippines. Encourages sustainable development and rational use of land resources. Promotes coordination among various government agencies involved in land use. GE 3141  National Land Use Act (Pending Legislation) Sections to Note: Section 3: Objectives – Importance of land use planning for social equity and environmental protection. Section 6: Land Use Planning Process – Steps for creating land use plans at national and local levels. GE 3141  National Land Use Act (Pending Legislation) Section 2 of the Declaration of Policies and Principles outlines the state's policies for the use and management of land and water resources in a sustainable and equitable manner. Key policies include: 1. Ensuring land and water resources are managed for the common good, promoting equity, social justice, environmental integrity, and sustainable development. Making landowners responsible for sustainable development and environmental stability. GE 3141  National Land Use Act (Pending Legislation) Recognizing the interconnectedness of islands and natural features as single geographical, economic, and political entities. Empowering local governments to maintain ecological balance in collaboration with the national government. GE 3141  National Land Use Act (Pending Legislation) To achieve these, the state aims to institutionalize land use planning that ensures: Environmental preservation and disaster risk reduction. Protection of agricultural land and natural resources for food security. Sustainable water resource management and infrastructure development. Respect for Indigenous Peoples' rights and cultural practices. Equitable land access, energy security, and conservation of parks and protected areas. Active participation of marginalized sectors in decision-making processes. GE 3141  National Land Use Act (Pending Legislation) To achieve these, the state aims to institutionalize land use planning that ensures: Environmental preservation and disaster risk reduction. Protection of agricultural land and natural resources for food security. Sustainable water resource management and infrastructure development. Respect for Indigenous Peoples' rights and cultural practices. Equitable land access, energy security, and conservation of parks and protected areas. Active participation of marginalized sectors in decision-making processes. GE 3141  National Land Use Act (Pending Legislation) To achieve these, the state aims to institutionalize land use planning that ensures: Environmental preservation and disaster risk reduction. Protection of agricultural land and natural resources for food security. Sustainable water resource management and infrastructure development. Respect for Indigenous Peoples' rights and cultural practices. Equitable land access, energy security, and conservation of parks and protected areas. Active participation of marginalized sectors in decision-making processes. GE 3141  National Land Use Act (Pending Legislation) Sec. 3. Scope. This Act shall apply to all lands and all resources therein, whether public, private, government-owned and/or in the possession of any person, whether natural or juridical, and shall guide the rational, holistic and just allocation, utilization, development and management of the country's land and water resources including such activities that bear impact on said resources. GE 3141  National Land Use Act (Pending Legislation) Under the National Land Use Act, Section 6 outlines the categories of land uses for planning purposes. These categories are: Protection Land Use – This involves lands that must be conserved to maintain ecological balance, including forests, watersheds, and biodiversity areas. Production Land Use – This refers to lands designated for economic activities like agriculture, forestry, aquaculture, mining, and industrial uses. GE 3141  National Land Use Act (Pending Legislation) Settlements Development – This includes areas allocated for residential, institutional, and commercial development to address human settlements and population growth. Infrastructure Development – Lands used for public infrastructure such as roads, transportation systems, communication facilities, energy systems, and utilities. GE 3141  Distinguishing Private Property Laws and Laws Governing State-Owned Resourcese of the Philippines Key Notes: Governs private rights and obligations, including property laws. Addresses issues of ownership, rights of possession, and property transfers. GE 3141  Civil Code of the Philippines Book II (Property) of the Civil Code of the Philippines deals with the classification, ownership, and rights over property. Classification of Property: Immovable Property (real property): Includes land, buildings, roads, and constructions attached to land. Movable Property (personal property): Refers to objects that can be moved from one place to another, like goods and furniture. GE 3141  Civil Code of the Philippines Ownership and Possession: Defines rights of ownership, including the right to enjoy, use, dispose of, and recover property. Specifies how possession may be acquired, transferred, or lost, either by legal means or through specific contracts. GE 3141  Civil Code of the Philippines Co-ownership: Property owned by multiple persons is subject to rules regarding their shares, obligations, and how the property is managed or divided. Usufruct: Refers to the right to enjoy and use property owned by another, with the obligation to preserve its form and substance. GE 3141  Civil Code of the Philippines Easements or Servitudes: This section addresses the rights that allow a person to use another’s property in a limited way, such as rights of way. Modes of Acquiring Ownership: Ownership can be acquired by law, occupation, intellectual creation, succession, donation, or through contracts such as sale or exchange. GE 3141  Civil Code of the Philippines Section 447: Possession- defines the concept of possession and the legal effects associated with it. Possession is the holding or control of a thing or right, whether it be ownership or not. - Possession may be exercised in one's own name or in the name of another. - The law recognizes both legal possession (with a legitimate title) and actual possession (physical holding of a property). GE 3141  Civil Code of the Philippines - A possessor has certain legal rights and protections, including the presumption that they possess the property in good faith unless proven otherwise. - Possession may give rise to ownership over time through the legal concept of prescription, where continuous and uncontested possession for a specified period can lead to ownership. This section establishes the importance of possession in property law and its potential to lead to ownership rights. GE 3141  Civil Code of the Philippines Articles 1305-1307 of the Civil Code of the Philippines cover the essential elements of contracts. 1. Article 1305 – Definition of a Contract: A contract is a meeting of minds between two or more persons whereby one binds themselves, with respect to the other, to give something or render some service. 2. Article 1306 – Freedom to Contract: The contracting parties may establish any agreements, terms, and conditions they want, as long as they are not contrary to law, morals, good customs, public order, or public policy. GE 3141  Civil Code of the Philippines Article 1307 – Innominate Contracts: Innominate contracts (those that don’t fall under any specific category) are governed by: Stipulations of the parties Provisions of the Civil Code on obligations and contracts Rules governing the most analogous nominate contracts Customs of the place GE 3141  Property Registration Decree (Presidential Decree No. 1529) Key Notes: Establishes the system of land registration in the Philippines. Provides procedures for registering land titles to ensure security of tenure. GE 3141  Section 1: Coverage Section 1 of the Property Registration Decree (Presidential Decree No. 1529) provides the title of the law: It states that the law shall be known as the "Property Registration Decree." This decree consolidates and codifies the laws related to the registration of property in the Philippines. It aims to simplify and improve the system of land registration to ensure certainty of ownership and prevent land disputes. GE 3141  Section 14: Acts of Registration Section 14 of the Property Registration Decree (Presidential Decree No. 1529) outlines the grounds under which land may be registered: 1. Applicants for Registration: Those who, by themselves or through their predecessors, have been in open, continuous, exclusive, and notorious possession and occupation of alienable and disposable land of the public domain under a bona fide claim of ownership for at least 30 years may apply for registration. GE 3141  Section 14: Acts of Registration 1. Heirs and Successors: The law also allows heirs or successors of persons who have possessed such land in the above manner to apply for registration. 2. Private Lands: Those who have acquired private lands by means of prescription, inheritance, purchase, or other legal methods may also apply for registration. GE 3141  Section 14: Acts of Registration Section 17 of the Property Registration Decree (Presidential Decree No. 1529) details the judicial proceedings involved in land registration. Here’s a summary: 1. Filing of Petition: An applicant for land registration must file a petition in the appropriate Regional Trial Court (RTC) that has jurisdiction over the property in question. 2. Notice of Hearing: The court is required to issue a notice of hearing, which must be published in a newspaper of general circulation and posted in conspicuous places to inform interested parties. GE 3141  Section 14: Acts of Registration 3. Opposition: Any person with a legal interest in the property can file an opposition to the petition within a specified period before the hearing date. 4. Hearing Process: The court conducts a hearing to determine the merits of the application, where the applicant must provide evidence of their claim to the property. 5. Decision: After the hearing, the court issues a decision granting or denying the application for registration based on the evidence presented. GE 3141  Revised Penal Code Key Notes: Defines offenses and penalties related to land and property crimes. Protects against fraud and misrepresentation in land dealings. GE 3141  Revised Penal Code Article 315 of the Revised Penal Code of the Philippines pertains to the crime of estafa, which involves fraudulent acts that cause damage to another person. Here’s a summary: 1. Definition: Estafa is committed by a person who defrauds another by any of the following means: Misappropriating or converting to one's own use property received in trust or under any obligation to return it. Causing damage to another by means of deceitful schemes or false pretenses. GE 3141  Revised Penal Code 2. Acts Constituting Estafa: The article outlines various acts that can constitute estafa, such as: Making false representations regarding the ownership of property. Selling or leasing property not owned by the seller. Misleading another into believing in the existence of certain facts that do not exist. 3. Penalties: The penalties for estafa depend on the value of the property involved and the circumstances of the fraudulent act. Generally, estafa can result in imprisonment and fines. GE 3141  Revised Penal Code 2. Acts Constituting Estafa: The article outlines various acts that can constitute estafa, such as: Making false representations regarding the ownership of property. Selling or leasing property not owned by the seller. Misleading another into believing in the existence of certain facts that do not exist. 3. Penalties: The penalties for estafa depend on the value of the property involved and the circumstances of the fraudulent act. Generally, estafa can result in imprisonment and fines. GE 3141  Revised Penal Code Article 314 of the Revised Penal Code of the Philippines addresses the crime of malicious mischief, which involves the intentional destruction of property. 1. Definition: Malicious mischief refers to the act of intentionally causing damage to the property of another person. GE 3141  Revised Penal Code Acts Constituting Malicious Mischief: The article specifies that the crime is committed when a person: Deliberately destroys or damages property owned by another. Causes such damage in a malicious manner, without any justification. Penalties: The penalties for malicious mischief vary based on the extent of the damage caused. The law prescribes imprisonment and/or fines, with harsher penalties for greater damages. GE 3141  Revised Penal Code Article 351 of the Revised Penal Code of the Philippines addresses the crime of false testimony in judicial proceedings. Here’s a summary: 1. Definition: False testimony occurs when a person willfully and knowingly makes a false statement under oath during judicial proceedings, affecting the outcome of the case. GE 3141 Revised Penal Code Acts Constituting False Testimony: The article specifies that false testimony can include: Deliberately lying about facts that are material to the case. Providing false evidence or perjured statements that mislead the court. GE 3141  Revised Penal Code Penalties: The penalties for committing false testimony can include imprisonment, and the severity may vary depending on the circumstances of the case. It can also lead to civil liability for damages caused by the false testimony. GE 3141  Anti-Fencing Law (Presidential Decree No. 1612) Key Notes: Criminalizes the act of buying, receiving, or possessing stolen property, including land. Aims to deter illegal land transactions. GE 3141  Anti-Fencing Law (Presidential Decree No. 1612) Section 2 of the Anti-Fencing Law (Presidential Decree No. 1612) provides definitions of key terms used in the law. Here’s a summary of those definitions: 1. Fencing: Refers to the act of buying, selling, receiving, or possessing stolen goods or property with the knowledge that such goods are stolen. 2. Fencer: A person who engages in the act of fencing, either as a buyer, seller, or receiver of stolen property. GE 3141 Anti-Fencing Law (Presidential Decree No. 1612) Stolen Property: Any goods or property that has been unlawfully taken from its owner or rightful possessor. Knowledge: Implies awareness or belief that the goods in question are stolen. Possession: Refers to having control over the stolen property, regardless of whether the possessor is the actual thief. GE 3141  Anti-Fencing Law (Presidential Decree No. 1612) Section 3 of the Anti-Fencing Law (Presidential Decree No. 1612) outlines the penalties for those involved in fencing activities. Here’s a summary: 1. Penalties for Fencers: Individuals found guilty of fencing will face imprisonment ranging from six months to twelve years, depending on the severity and circumstances of the offense. 2. Fine: In addition to imprisonment, a fine may also be imposed, which can vary based on the value of the stolen property involved. GE 3141  Anti-Fencing Law (Presidential Decree No. 1612) 3. Repeat Offenders: Those who have previously been convicted of fencing may face harsher penalties, including longer prison terms and higher fines. 4. Seizure of Stolen Property: The law mandates the confiscation and forfeiture of any stolen property involved in the offense. GE 3141  Rules of Court Key Notes: Provides procedures for civil cases, including land disputes. Establishes the judicial process for seeking remedies. GE 3141  Rules of Court Rule 63 of the Rules of Court in the Philippines governs actions for annulment of judgments. 1. Purpose: Rule 63 provides the legal framework for filing a petition to annul a judgment or final order of a court, based on specific grounds. 2. Grounds for Annulment: A judgment may be annulled for reasons such as: Lack of jurisdiction over the subject matter or the person. The judgment was obtained through extrinsic fraud. Violation of due process. GE 3141  Rules of Court 3. Who May File: The petition can be filed by a party adversely affected by the judgment. 4. Filing Period: The petition must be filed within a specified period, generally within four years from the date of the judgment. 5. Procedure: The petition must be verified and supported by the appropriate evidence. It should also state the material facts, the grounds for annulment, and the relief sought. 6. Effects of Annulment:If the petition is granted, the judgment in question is declared null and void, and the parties may be restored to their positions before the judgment was rendered. GE 3141  Rules of Court Rule 70 of the Rules of Court in the Philippines addresses the legal processes involved in forcible entry and unlawful detainer. 1. Definition: Forcible Entry: This occurs when a person is unlawfully dispossessed of a property by force, intimidation, threat, or strategy. Unlawful Detainer: This refers to the situation where a person who is in possession of a property continues to occupy it without the owner's consent after the expiration of their right to stay. GE 3141  Rules of Court 2. Jurisdiction: The action for forcible entry and unlawful detainer is filed in the Municipal Trial Court or the appropriate court where the property is located. 3. Filing the Complaint: A complaint must be filed within one year from the date of unlawful dispossession (for forcible entry) or from the date the right to occupy the property was terminated (for unlawful detainer). 4. Summons: The court issues a summons to the defendant, requiring them to respond to the complaint. GE 3141  Rules of Court 5. Hearing: The court conducts a summary hearing, which aims for a speedy resolution of the case, focusing on the right to possession rather than ownership. 6. Judgment: If the court finds in favor of the complainant, it will issue a judgment restoring possession to the rightful owner and may include an order for the defendant to vacate the property. 7. Execution: The judgment can be enforced through a writ of possession, allowing law enforcement to assist in the eviction of the unlawful occupant. GE 3141  Land Registration Authority (LRA) Guidelines Key Notes: Establishes administrative procedures for land registration. Provides frameworks for appeals and dispute resolutions. GE 3141  Land Registration Authority (LRA) Guidelines LRA Circulars issued by the Land Registration Authority (LRA) in the Philippines provide guidelines and instructions regarding various aspects of land registration and related processes. Procedures and Requirements: Circulars outline the necessary procedures, documentation, and requirements for different types of land registration, including original registration, transfer of ownership, and amendments. GE 3141  Land Registration Authority (LRA) Guidelines Policy Updates: They inform stakeholders about any updates to policies, laws, or regulations affecting land registration, ensuring compliance with current legal frameworks. Implementation of Laws: Circulars provide detailed instructions for the implementation of new laws or amendments related to land registration and property rights. GE 3141  Land Registration Authority (LRA) Guidelines Fees and Charges: They often specify the applicable fees and charges for various registration services and outline procedures for payment. Technical Guidelines: Circulars may include technical guidelines for surveyors, engineers, and other professionals involved in land registration, ensuring consistency and accuracy in the processes. GE 3141  Land Registration Authority (LRA) Guidelines Training and Capacity Building: Some circulars may address training initiatives and capacity-building programs for LRA personnel and stakeholders to improve service delivery. Public Information: They serve as a means of disseminating important information to the public, landowners, and real estate professionals about land registration processes and requirements. GE 3141