July 8-9, 2017

Atty Ed Albano III

LAND TITLES AND DEEDS
What lands may be acquired in the Phils?
GR: Regalian Doctrine, all lands belong to the State,
only agricultural lands may be alienated in favor of
private individuals
 Sec 2 Art 12 of the Consti
Lands of the Public Domain
-presumed to be owned by the State
-or to be devoted for public use
BASIS: Regalian Doctrine – introduced by the
Spaniards, all lands emanate from the King/all lands
presumed to be owned by the State
EXN: Sec 2 Art 12 of the Consti
-agri lands of the public domain may be alienated by
public individuals
-does not auto become agri land
 Sec 4 Art 12 of 1987 COnsti – there are several
classifications of lands in the Phils
- Pag nag perform agri activities not enough bec
accdg to sec 3, there must be enabling law
which classifies in agri land
- What is enabling law? public land act CA 141
CA 141 – what is required?
1. Delimited
2. Delineated
3. Classified
4. Must be “survey” – the metes and bounds of the
parcel of land must be determined
5. Declaration- alienable and disposable – most
important requirement
How to declare A & D?
1. Admin act
SC: Rep v TAN Properties
-individual used CENRO (Comm Envi and Natural
Resources Office) Certification – nag draft siya ng
petition cenro lang in-attach. Accdg to DENR of my
province, it was declared A & D.

1. Agri SC: NOT SUFFICIENT. Bakit? Meron ka bang kilala sa

2. Forest DENR? Kasi kung may kilala ka madali mag issue ng
3. Mineral certification. CENRO is not enough. Accompany with
4. National parks cert from Sec of environment and natural resources,
coupled with certification that it is a certified true
 Sec 2- only agri lands may be susceptible of private copy.

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ownership

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July 8-9, 2017
Atty Ed Albano III
2. Legislative act
RA lang declaring parcel of land A & D
-mere simple act of issuing of a cert/determination
that the parcel of land is A & D
-strict requirements:
2008 Case of Yap v Sec of Environment and Natural
Resources (Boracay Cases)
-during the time of Marcos, issued a PD declaring that
the Islands of Boracay are tourist zones, agri areas,
maritime areas.
-because of this proclamation, sabi nina YAP this
presidential proclamation is preventing us from
registering the parcel of land in out favor
-ISSUE: WON the exec order of Marcos sufficiently
declared the parcel of land in Boracay as A & D
-WON they have possessed the parcel of land since
time immemorial as A & D
SC: 1. The requirement is that it must be declared.
When Yap were crying in the SC that they were
possessing since time immemorial. SC said what’s
your proof that it was then declared A & D? NONE!
2. EO issued by Marcos, declared parcel of land as A &
D. SC: Still not sufficient why? Because the mere
statement the Boracay is M, A, T can probably just
DESCRIPTIVE in nature. The PP was not sufficient
KUPALOURD
3. If the parcels of land around BOracay are presumed
to be owned by the state, what is the effect? SC:
sorry, but the law is the law. there was no declaration
that the land is A & D. Hence, in 2006, accdg to the
SC, GMA issued a PP for the sales patent – release of
these parcels of land via sales patent. The prop around
Boracay, the owners have to buy them a “second
time” via PP issued by GMA.
Lesson: kapagka hindi dineclare as A & D, ibig sabihin
who is the owner of the islands? The State.
3. Executive act
Exec Order declaring A & D (or legis ba to?)
e.g. ikaw papa register ka lupa. Pinagawa mo sa
Geodetic Eng yung survey. If he gives a notation that
the parcel of land belongs in an A & D, is it A & D in
nature? NO, sabi ng SC. Only the declaration!
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PARCELS OF LAND WHICH CANNOT BE DECLARED AS
A&D
1. Friar Lands
-lands were acquired by the Americans from the Friars
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after WWII
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July 8-9, 2017
Atty Ed Albano III
-they entered into a purchase agreement 173000 hec
of land in the Phils
-How come cannot be declared as A & D? Accroding to
the agreement of the purchase (Friar Lands ACt),
occupants may prove entitlement to their holdings.
What will happen thereafter, after period of time
required to prove, once you are not able to prove, the
land will revert back to the State.
-you do not know where they are in the first place?
2. Indigenous People Rights Act (IPRA)
 Ancestral Domain
 Ancestral Land
WHY? Express prohibition in the law to declare the
parcel of land as A & D
3. NIPAS (integrated protected areas system) ACT –
protected under the law. let us say, mga rainforest,
watersheds.
4. FOREST
5. MARSHLANDS
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CIVIL CODE CLASSIFICATION
1. Properties of Public Dominion
KUPALOURD
-roads, canals, bridges, torrents constructed by the
State
-every year sinasarado ang Ayala Ave, why is it being
closed every year? Because Ayala wants to show
Makati who owns Ayala. It is not Makati government.
It is me Ayala. Not constructed by the State. Not
public dominion
-2006? Manila International Airport Authority v City of
Paranque- yung runway wanted to subject it to RPT so
of course MIAA does not want that. Public Dominion
not susceptioble of Taxation. What was the ruling of
SC? YES PUBLIC DOMAIN kasama sa enumeration e.
PORTS AIRPORTS as long as constructed by the State
-Mun. of Casurubio? Town plaza. Can it be subj to a
contract of lease? NO. prop of public dominion not
subject to contractual relation.
-cannot be subject to appropriation, contract, taxation
2. Patrimonial Properties
-owned by the State WON for public use
-owned by the State in its proprietary capacity
-properties no longer intended to be used by the
State;
-Salvador-Laurel v Garcia (Roponggi Properties) 
prop given as a wartime reparation. Cory wanted to
sell Roponggi properties. Can you actually sell the
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Roponggi prop even with EO authorizing the sale of
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the properties? What do you mean EO? When Cory
July 8-9, 2017
Atty Ed Albano III

ordered the sale of Roponggi in order to raise funds
after Marcos Regime. They looked for buyers then EO
issued for the sale of properties. Sale was questioned.
Can you actually sell Roponggi prop? Is the Roponggi
prop patrimonial in nature?
Arguments-
SolGen- properties already abandoned. So in
accordance with the SOlGen, abandonment plus
intention, no longer intended to be used.
-EO sufficient in order to declare parcel of land as
patrimonial prop (EO authorizing the sale)
SC: NO! Cory cannot sell the Roponggi. The mere
abandonment of the property is not equal to its
withdrawal from the public dominion and conversion to
patrimonial property
In re: EO
SC: It’s not sufficient. The EO did not sufficiently
withdraw inro patrimonial property. Dapat ang ginawa
mo, EO declaring it patrimonial property saka nag
execute ng sale. Reason why Roponggi not sold.
-GENERAL RULE TO ng comparing patrimonial
properties from public dominion
Mountain into Housing Units. With disagreement,
natuloy. SM demolished then houses built.
Question: Is JA Valid? According to SolGen Chavez,
yung ating joint venture involved properties of NHA in
the nature of prop of public domain over which no EO
declaring it patrimonial property. Dahil wala pa non,
invalid ang joint venture agreement.
What was the ruling of the SC?
The charter of the NHA provides for construction of
housing units to be sold as low cost mas mababa rito,
for sale to people of lower income brackets. Because
yun ang charter ng NHA, what is the meaning of joint
venture entered into for construction of housing units?
That is just in pursuance of the charter of the NHA. It
means that even though no express act declaring the
lands to patrimonial property, the charter meant that
there was an implied withdrawal of the property of
public dominion and its conversion to patrimonial
property.
3. Private Ownership – possession, ownership etc
 Civil Code

LESSON: Must be declared A & D

2007 Ruling of the SC- Natl Housing Authority Case

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-the NHA entered into a joint venture with R-II -----

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Builders. Joint Venture sought toconvert Smokey

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July 8-9, 2017
Atty Ed Albano III
WHO MAY ACQUIRE LANDS IN THE PHILS?
1. Natural
Can all natural persons acquire land? NO.
Why? There are conditions for acquisition of land.
1. citizenship
Can a naturalized person acquire land in the Phils? YES
WHY? Because under the Consti is that the person is a
Fil citizen, it is not required that must be natural born
citizen. Ruling in a 2009 ruling in the SC.
Source of GR: 1947 Alexander Crivenco – lost title to
land during WWII. Sought to reconstitute the title to
his parcel of land. Filed action, again opposed by the
RD. You are not a citizen of the Phils. Since you are
not a citizen, you cannot acquire land.
SC: 1. National Defense – if foreigners allowed to
acquire lands in the Phils. What if Chinese um-acquire
lands near Malacanang? This may be detrimental to
our national defense.
2. So Phils may not be a source of international
conflict – e.g. Mr. A sold a parcel of land to B, an
American Citizen, enterd into a double sale transaction
to Mr. B. If located in the Phils, there may be a chance
that it maybe a source of internation conflict. DI KO
GETS.
KUPALOURD
3. The phil lands can remain to Phils. The time may
come when the Fil will not own the parcel of lands
hence we are preventing foreigners from acqurieing
lands in the Phils.
EXN: whereby citizenship is not a barrier to acquisition
of lands in the Phils
1. Natural born Fil citz who have lost their Fil
citizenship may acquire private lands
What is private land? For purposes of academic
discussion, not important for purposes of Exams,
under CA 141, there are several modes of acquireing
ownership of private lands:
1. Homestead- apply and then be granted the
homestead patent
2. Free Oatent- must have been cultivating for 30
years and you are a natural born Fil Citizen
3. Sales Patent- apply for the patent for purposes
of purchase wichi can be sold via public auction
Under the patent law, under whose name given? It is
in the name of the RP but it is given in your favor.
Under CA 141, what is the required period of
possession of the parcel of land? 5 5 10 (SP), cannot
absolutely dispose.
e.g. If A enters into a Contract of Sale with respect to
a land granted a free patent- VOID. Because the
parcel of land is owned by the RP.
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Atty Ed Albano III
e.g. After 5 years, 6-25 years, A entered a contract of
sale, it is voidable, if with approval of Sec of DENR,
may be valid.
What kind of land is involved? Alienable and
Disposable land of the public domain? What happened
after 25 years? Automatically converted to private
lands.
What are the allowable land areas?
1. Urban / Residential – How many hectares of land?
1000 sq meters
2. Rural/Residential – 5000 sq meters of land
3. Rural/Commercial – 3 hectares land
4. Urban / Commercial- 1 hectare land
2. Foreigners via hereditary succession can acquire
private lands in the Phils
Estate of Ramirez – what kind of succession? ONLY
INTESTATE
3. Foreign Sovereign (under the SC Ruling 1994
Case Holy See v Rosario?) – so they can put up
their embassy and consular offices
4. Condominium Units- they can be subject of an
acquisition by Foreigners. They can be acquired
KUPALOURD
under the condo code, once the units of condo
acquired they may organize as condo
corporation, they are now subject to
grandfather rule of 60-40 PR House Builders
Case 2008 – Tie it up with the corp 60-40 rule
2. age- why a restriction to acquisition of land in the
Phils? Because if one enters into a contract with a
minor, VOIDABLE.
In what instances can a person 17 years old and below
able to acquire a parcel of land in the Phils? Via
Implied Trust under Art 1484 of the Civil Code. – if a
parcel of land was purchased by a person using his
money and title is given to another, what is the nature
of the transaction? It is a resulting trust as a kinf of an
implied trust. But under Art 1484, if title given to the
child of the person who has a money, what is the
nature of the transaction? It is presumed to be a gift
in favor the child, under Art 1484 of the CC.
Succession- when a decedent dies, when does the
prop pass on to the heir? Upon the death of the
decedent.
3. allowable land area
When we are talking about A & D land of the PD, the
rule is that, under the Consti, how many hectares of
land can a person acquire? For purpose of A & D, 12
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hec of land only.
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July 8-9, 2017
Atty Ed Albano III
How about if you are referring to private lands? Is
there a limitation of ownership of private lands?
GR: NO.
EXN: Comprehensive Agrarian Reform Progam- a
person can retain 5 hectares of land for himself and 3
hectares for his children of agricultural lands.
Otherwise, may be taken by the State under CARP.
See natural born who lost Fil citizenship
2. Juridical – differentiate between 2 provisions of
the Consti: Sec 3 and Sec 7 Art 12 of the Consti
Sec 3- They can only into a contract of lease involving
a parcel of land of the Phils.
Sec 7- Allows them to acquire lands of the Phils.
Difference: Kind of Land
Sec 3- only agricultural lands of the public domain
Sec 7- private land
What is the rule when juridical persons seek to
acwuire in the Phils? Provided necessary and useful to
the business purpose – e.g. transportation company –
Victory Liner- seeks to acquire a parcel of land for use
as a terminal of its buses. Is that allowed under the
law? Yes, under Sec 36 of the Corpo Code prov
necessary to the business purpose.
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Let’s say it wants to acquire a parcel of land for the
housing project of its employees? Can it acquire? NO.
not in accordance with its purpose as a transpo
company. Because the limitation is provided for under
Sec 36 of the Corpo Code.
e.g. publishing company- seeks to acquire for its
offices for its publication. Can it acquire for this
prupose? YES necessary and useful to the business
 How about Insurance Companies?
For its office- YES
For purposes of its landbanking – meron kang
tinatarget parcel of land in Batangas for purposes of
allowing its value to increase overtime. So na acquire
parcel of land for 100php, in the hiope that later the
parcel of land will be 1000php. That is landbanking.
Para lang mag increase ang value overtime. Can an
insurance company acquire a parcel of land for the
purpose of insurance lang… YES.
Car insurance – in the event mawala kotse, yung 25K
na premium magiging 1M yan. so the reason why
insurance for landbanking for housing projects is so
that pagdating ng panahon mangailangan sila, Ondoy,
Yolanda. Siyempre the concept of insurance is you
weill pool together resources so you can pay 1M e
pano kung sabay sabay nawala yung kotse ano yung
mangyayare? Kaya pinapayagan na mag landbanking
mag housing. Kasi hindi nabagsak ang land value.
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BANKS – can a bank acquire a parcel of land for its
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use of its office and its branch?
July 8-9, 2017
Atty Ed Albano III

-an entity engage in acceptacnce of deposits for it to SC: 2012 Rep v Metro Index Realty Corp
be handed out as loans. In accordance with necessary
An individual was seeking to register 3 hectares of
and useful business purpose, will acquisition of land be
land- that he has planted on this land since time
in accordance with its business purpose, of course not.
immemorial 3 avocado trees, 1 star apple, 1 mango.
But there are instances, 1. In satisifaction of
So sabi niya, nuno ko pa tinanim niya yang mga sa
indebtedness; 2. Dacion en pago; 3. By virtue of
mga lupa na to sa 3 hectares of land na pag aari
foreclosure. In this 3 instances, the bank can acquire
namin, since june 12 1945 or since time immemorial.
lands. Under Gen Banking Laws, sell lands within a
Is this enough to register the land in my favor?
period of 5 years.
Basahin mo Rep v CA? OK? HAHAHA! So yang iilang
avocados itabla mo Rep v CA.
HOW MAY PARCELS OF LAND BE ACQUIRED AND
REGISTERED?

- Just remember the who: natural and juridical
persons
When we talk how may be acquired? PD 1529 to.
What kind of land does it deal with? It is only PRIVATE
LANDS, which are the subject of discussion under PD
1529.
How Acquired?
Sec 14 of PD No. 1529 Tackles on who may apply for
registration.
1. Those whose predecessors have open
continuous exclusive notorious possession and
occupation
2. Since june 12 1945 or since time immemorial
REP v CA – what did the SC say?
SC: individual sought to register 138 hectares of land.
What proof did he give? He presented the planting of
7000 coconut trees on 138 hectares of parcel of land.
How did the SC classify this? This is merely CASUAL
CULTIVATION. Because you did not really intend to
occupy and possess the 138 hectares of land. Hindi
mo talaga intension. This is not sufficient.
 You planted coconut trees, after that what do
you do? Nothing. You just plant, water it, then
wala na. Kumbaga kalimutan mo na coconut
tree until such time na lumago. 7000 trees for
138 hectares of land. How many if you are to go
from casual to the required possession and
occupation, you should have at least planted
100 trees per hectare of land. Not enough.

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SC: pinag iinitian possession and occupation. Is realty

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tax payment? Of course not sufficient. Strict sila dito.

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July 8-9, 2017
Atty Ed Albano III

Lagyan mo raw ng fence, delineate, determine your at the time of application, then may be registered in
boundaries, perform agricultural activities. your favor.

Bar 2016- A sought to register a parcel of land in his

favor. As proof, he sought the application of Sec 14
par 1 (Judicial Confirmation of Imperfect/Incomplete
Title) – Mr. A tried to register parcel of land showing
possession and occupation since June 12 1945 or since
time immemorial. What did we learn again in the case
of Boracay? Even if the parcel of land has been bough
already by the owner, buy it again because you are
not the owner during the time of your purchase. So in
this case, proved possession and occupation since
June 12 1945. However, he attached that the land was
declared A & D via certificate dated 2000. Ang tanong,
kelangan ba ang parcel of land that you have been
possession since time immemorial/ June 12, 1945?
NO. in the 2007 case affirmed in 2009 in the
Rep v Mario Malabanan, the only requirement is
that at the time of application, the parcel of land
was already A & D. not required that since June
12 1945, already A & D.
Sec 14 Par 2 –
1. Prescription
What are the requirements?
 Ordinary- 10
 Extraordinary- 30
e.g. A applied for orginal registration of parcel of land.
As proof of his entitlement to his parcel of land, he
showed possession and occupation since June 12
1946. Parcel of land declared A & D in the year 2000.
Can he register the parcel of land under prescription?
Kung 2017 pina pa register, is he entitled to register
under par 2?
NO. Because in the same case MALABANAN, SC
presxription only begins to run from the time parcel of
land declared as A & D.

Offshoot: Unfair situation Ano ibig sabihin? Only from year 2000 naging
pwedeng I occupy ang parcel of land for prescription
Balik tayo classification of land: Let’s say considered to set in.
forest land during the time, you have been occupying
it, so 1945 that’s forest land. Under the civil code, was This is the unfair situation.
there considered possession? Can you possess
something cannot be alienated by a private person?
NO. However, because of the SC, that changed. SC: Sec 14 Par 3

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eventhough you have been possessing since June 12
 Accretion

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1945 forest land, as long as have been declared A & D

KUPALOURD
July 8-9, 2017
Atty Ed Albano III
Basically, Art 457 of Civil Code.
 To the owners of land adjoining the banks of
rivers belong the . . .
Where does a bank of the rivers start?
1. After the 3-meter easement
2. Must be river water
3. Must be gradual and imperceptible
Agustin v IAC – 48 years accretion in Cagayan River of
19 hectares
SC: Because nobody noticed that the owners of the
riverbanks of Cagayan River enjoyed the benefit of
accretion government did notice, barangay did not
notice kaya gradual and imperceptible
4. Cannot be man-made
If man-made, it belongs to the State in the form of
RECLAMATION.
Justification: Supreme Court Jurisprudence
Sec 14 par 4 – other provisions of law
 Donation – what is the only requirement of
donation of immovable property? MUST BE IN A
PUBLIC INSTRUMENT PATI ACCEPTANCE WHICH
MUST BE COMMUNICATED DURING THE
LIFETIME OF THE DONOR
KUPALOURD
 Succession- When does property pass by the
succession? Only upon the death of the
decedent
 Sales- what is the requirement of a contract of
sale? 1. Object certain- sabihin natin itong
location na to, let’s say the contract of sale
provides that a parcel of land 500 sq meters
located along P. Legardo St., in between JASMS
and. So yan ang description. Is this a valid or
do youhave to indicated the technical
description? Pwede nay un una as long as
youcan clearly identify the location of the
property ; 2. consent and 3. Consideration- A &
B enterd into contract of sale of land for 1M,
payable in installmetns. Valid? NO. when you
are paying in installemtns, that must be stated.
 Oral contract of sale over a parcel land? Valid,
as long as hindi siya 1403 Statute of Frauds.
REGISTRATION OF LAND
Sec 14 of PD 1529 – grounds for registration
RTC
1. Prepare a pleading (in re: petition for
application for registration)
 Who may apply? (see above)
 Attachments to your application
o Survey of the parcel of land- delineation
10
of the metes and bounds of the parcel of
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July 8-9, 2017
Atty Ed Albano III
land- technical description can be
produced
o Monuments of title (e.g. realty tax
payments, pictures of the parcel of land)-
proof of entitlement to registration
o Notice – who is in charge for sending out
notice? THE LAND REGISTRATION
AUTHORITY. Bakit? Parang parehas lang
sa civpro, sino nag s serve ng summons?
Yung process server, yun ang in charge.
What is the notice requirement? 1.
Publication in a newspaper of general circ
and official gazette once 2. Posting in
conspicuous place in the city /
municipality and the parcel of land itself
3. Mailing to SolGen for purposes of
opposing. The LRA thru the process
server is in charge with the 3-notice rule
of Sec 21 of PD 1529.
Fewkes CASE – if you do not comply with the 3-notice
rule required by PD 1529, of course, there would be
no juris over the res
Suppose the trial type proceedings were conducted
without the participation of the SolGen? Do you think
SolGen estopped from filing the appeal? NO. Because,
in your admin law, the State cannot be estopped by
the acts of its agents. Not prejudicial to the State.
All applications for original applications, generally the
SolGen opposes. Petition for annulment.
o Trial
KUPALOURD
o Judgment in the Land Reg Proceeding- what is
the difference with the judgment in ordinary
civil action. What is the period ord attains
finality? In land registration, 30 days.
Do you need to file a motion for execution once you
attain a judgment? NO, because in 2007 the case of
Rep v Tilias ? – the procedure for original reg is
complete in itself as based on PD No. 1529. So when
the SC says complete, it means that after the
judgment has been entered it is automatic for the RTC
to file / forward to the LRA, without need for a motion
for execution.
What is the duty of the LRA? To enter the decree of
registration. The LRA will produce to 2 Torrens CTs
(OCT, Owner’s Duplicate).
The LRA will forward the title to the Register of Deeds.
The RD will enter it in the primary reg book.
The owner’s duplicate certificate shall be given to the
owner.
QUESTION: if your title is lost, do you think you can
come with the LRA, at sabihin mo, please print me a
copy of my title. Hindi pwede yon. Nasa RD lang lahat
ng title na meron lahat ng property.
Yung OCT nasaan ito? Nasa RD. So owner’s duplicate
ang nasa owner.
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Atty Ed Albano III

TORRENS CERTIFICATE OF TITLE Mr. A (Acusallian) owns a parcel of land. Soldier siya.
Napabayaan niya ang lupa niya. Mr. B (Marangan)
What is the purpose? The purpose is to forever quiet
took over the land. Mr A. then went to his property
any issue as to who owns the land. Once you have it,
and wanted to build a house. Nakita niya si Marangan.
rest assured, you can wait in the mirador de su casa
As the torrens certificate of title was in the name of
(?)
Mr. A, he filed for reconveyance or recovery of
How come a torrens title puts into rest any issue? property.
Because there are protections granted to a holder of a
Question: Is Mr. A estopped? Kasi 17 years have
Holder of Torrens Cert of Title.
passed before he claimed his land?
 Spanish Titles – Heirs of Don Pedro Estate 1996
SC: NO. The GR: titile to a parcel of land cannot be
In this case, Don Pedro alleged that he has Spanish taken away by adverse possession – when Marangan
title to lands in Luzon (nueva ecija, taguig, etc). what took the parcel of land adversely against Mr. A.
is the value today of a Spanish title?
What if 31 years yung occupation ni Marangan sa
SC: They have 0 value nowadays. Bakit? When PD No. land?
1529 was enacted into law, there was another PD that
The exception to the rule is laches. Unreasonable time
was enacted na kasama rito. And this PD provided that
provided for by law is 30 years, statutorily.
within 6 mos. From the enactment of PD 1529, you
have to transfer all of your Spanish titles to Torrens
title, otherwise, wala ng value ang Spanish title.
Another case: Encroachment
174,000 hecatres of land are involved. Magkano kaya
What if lasted 55 years? Was there adverse
filing fee niyan?
possession? YES.

Let us say encroachment of a person was without

What protections are given by your torrens cert of
title?
1) Sec 47 of PD no. 1529 against adverse possession
knowledge? Period in excess of 30 years? Would it
result to losing his entitlement to the property? YES,
even thought no knowledge of the encroachment,
there is the principle of constructive notice.

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- What is adverse possession?
Under constructictive notice, kung ano nakalagay sa

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2007 Case of Acusallian v Marangan (?) Torrens Title mo, there is a presumption that you

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July 8-9, 2017
Atty Ed Albano III
know that. From day 1, that there was an
encroachment until 55 years later, what is the
presumption under constructive notice that B was
supposed to know?
He was supposed to know that A was encroaching on
his land. Eventhough hindi moa lam. Under Sec 52 of
PD 1529, there is presumed knowledge. Tatakbo si
laches. The encroachment resulted in the loss of the
property.
2) Protection against Collateral Attack Sec 48 of PD
1529
Collateral Attack – certificate of title shall not be
subject to a collateral attack
BASIS: judgment in the original registration
proceeding
To better understand, let’s refer to an ordinary civil
action. E.g. Complaint for a Sum of Money- when you
file a case like this, what is the possible judgment? A
either claims sum of money against B or not able to
claim sum of money against B. When a judgment is
reached, what happens? Ano principle kelangan
tandaan pag nagkaroon ng final judgment? Res
Judicata. Same issue same case hindi na available,
you cannot file another action based on same facts
same issues. Diba res judicata. If A later decides to file
another case against B? Defense ni B: Res Judicata.
KUPALOURD
Let’s relate this to collateral attack- when you file an
action for orginal registration. What happens? The
parcel of land is subject to a judgment before your
RTC. The judgment, if you file another action against
the same parcel of land same cause of action, what is
the defense of the person? What is the person actually
attacking? The judgment of the court! This is your
equivalent of res judicata in parcels of land – collateral
attack.
Sps Apostol Case
Si A may sale transaction with B over a parcel of land.
C being the lessee of the parcel of land. B filed an
ejectment against C. When C alleged as a defense that
he has a right of first refusal under Rule 70, what did
SC say?
SC: This being a question of possession. Collateral
attack!
Let us say hindi Rule 70 ang defense ni C. What if C
files an ordinary civil action against B for annulment of
contract. Is there a valid weight to question the
transaction knowing C has right of first refusal, is that
a valid claim? Yes, you are directly attacking the
transaction.
Unlike in spouses Apostol, SC: this is a question only
of possession. Hence, you have no right to allege right
of first refusal.
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What is the source of the title? The contract of sale.
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Atty Ed Albano III
2014 Case Estunac Corp?
A and B magkapatid. Pinamana ng tatay nila dalawa
lupa. E ayaw ni B ng lupa na yan, mas maliit daw kesa
kay A. Dahil pinamana, dumaan sa probate
proceeding, nagkaroon ba ng judgment in a probate
proceeding? Yes. Now, B filed an action for original
registration of A’s parcel of land, instead of
questioning the judgment obtained in probate
proceeding.
SC: Collateral attack!
Just think of res judicatac. What is the source of title
to the parcel of land? Was there final judgment as to
title? If yes, then collateral = res judicata.
3) Constructive Notice Sec 52 of PD 1529
-fiction in law that you have knowledge of something
when you do not have any
2010 SC CASE
A sold a parcel of land to B. Later on, B did not
immediately consolidate ownership in his favor. B did
not immediately transfer title to him. C filed a
complaint for sum of money against A. Na-attach yung
property. The TCT reflected the name of A kasi hindi
nga kinonsolidate kaagad. Of course, reklamo si B.
The question was asked, who has a greater right over
the property? C or B? The answer is C because of
constructive notice.
KUPALOURD
Kung ano nakalagay sa torrens title, yon e.
Constructive notice yan.
4) Protection against Double Sales
-whoever first registers the property
A sold parcel of land to B. Jan 1
A sold the same to C. Jan 2
B despite knowledge of the transaction registered the
same in his favor. Is he entitled to register the
property in his name? YES, rule on double sale only
applies to the second purchaser.
First in time, First in Right. Buyer in Good Faith.
A sold parcel of land to B. B did not immediately
register. F occupied the parcel of land. A sold the
same to C. C immediately registered the parcel of land
in his name and collected rentals. So kinwestyon ni B
if C is a buyer in good faith. Sabi ni B, may occupant e
you cannot be considered in good faith.
SC: C is a buyer in good faith. Positive steps na
ginawa ni C, registration of the prop in his name, he
was entitled to the property and now he only has to
prove good faith. There was a failure of B to prove
that C was in bad faith.
Being a buyer in good faith is a state of mind. If you
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are able to satisfy reqs of good faith: 1. Pay full price
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Atty Ed Albano III
of the prop; and 2. You have no knwosledge of any
defect of title over the parcel of land
In this case, C was not proven to have knowledge of
transaction between A and B.
5) Mirror Principle – it is the principle of law which
validates an otherwise invalid transaction. Fraudulent
transaction validated upon compliance with the
requirement of the law.
e.g. mag-asawa A and B. B lalaki umalis. A babae
binenta property kay C by forging the signature of B.
Valid transaction? VALID TRANSACTION. Why? What
was the purpose of the mirror principle? Why an
innocent purchaser for value is protected? Let’s
assume C is an innocent purchaser for value. The
integrity of the torrens system will be placed in
shambles in disrepute if the innocent purchaser for
value is not protected. Movement ng parcels of land
will be affected.
INNOCENT PURCHASER FOR VALUE (a person in good
faith)
Who is an innocent purchaser for value?
Determine first if natural or juridical person.
When you are talking about a natural person, pano ba
dapat? Apply the curtain principle, as a GR.
KUPALOURD
GR: you are in good faith in transacting a parcel of
land under a fraudulent transaction under the curtain
principle  when you see nothing on the front and on
the back and no defect which aroused suspicion
What if your suspicion is aroused? 2011 White Plains
property
Property belongs to G. A filed a petition for
reconstitution of title of G. Anong ibig sabihin ng
reconstitution – nawawala title ko kelangan ko ma
issue-han ng bagong owner’s cert. After ma file
petition for reconstitution, he has annotated ng deed
of absolute sale. Absolutely, false signature of G. so
was able to secure title in his favor. A sold to B 300 sq
meters for 2M. As a rule, if you buy a parcel of land
300 sq m for 2M. suspicious diba?
SC: Since you bought parcel of land in White Plains
only for 2M, is there such an animal? Wala diba? So
ano sabi ng SC? BAD FAITH BUYER. Alonzo v Cusi
Another: TCT in the name of A. The vendor is B. You
cannot purchase a parcel of land from a person who is
not the possessor of the same. Ano kelangan mo rito?
SPA muna. BAD FAITH TO. See an SPA first.
Another: He sold a parcel of land to B, showing only a
photocopy of the front of the title. If B purchases the
parcel of land, BAD FAITH BUYER.
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No stringent rules which we can follow it is merely a
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July 8-9, 2017
Atty Ed Albano III
What will you do if your suspicion is aroused as a
natural person? DUE DILIGENCE
1. Go to the RD and secure a certified true copy of
the title- this is public document; available to
anyone
2. Visit the parcel of land involved
3. Interview neighbors; people who probably
knows the parcel of land
4. Geodetic engineer- I p plot mo if yung torrens
title na may technical description, yon talaga
Juridical Person
Determine the kind of corporation.
What is an ordinary corporation? In 2010 case of
National Airports Corporation entered into :
A sold a parcel of land to B. C is the second vendee –
National Airports.
SC determined C to be in good faith. There was
nothing which aroused suspicion. Kelangan daw ba I
exercise ng ordinary corporation ang DUE DILIGENCE?
SC: NO.
Special Corporations – 1. Banks; 2. Real estate corpo;
3. Corpo extending out loans secured by real estate;
4. Financial Institutions
When you are talking about special kinds of corpo, is it
enough for them to perform the curtain principle or
KUPALOURD
even without due diligence in purchasing a parcel of
land.
They have to perform due diligence. Not enough to
perform just a mere examination of torrens title for
the purchase of parcel of land. They are charged with
the duty of extraordinary diligence with their clients.
REMEDIES
Remember there 2 kinds of remedies
1 remedy is available before 1 year has lapsed after
decree of reg is issued
-if you secure a judgment, this is equivalent to res
judicata. Unlike finality within 15 days, title becomes
indefeasible only after 1 year after the decree of
registration. Kaya may remedy before 1 year has
lasped
-Petition for Reopening or Review of the decree of
registration
-what’s the problem?
First of all, the ground is actual fraud. The problem is
if the property has passed on an innocent purchaser
for value, you can no longer avail of this remedy.
Bakit? Because of the integrity of the torrens system
sought to be prevented
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Atty Ed Albano III

Another remedy after 1 year from the issuance of SC: the certificate of parcel of land is not equivalent to
registration ownership. Eventho you have cert to the land, but
ownership has passed to another. Then wala na.
-How come if title becomes indefeasible after one year
from issuance, how come there is still a remedy after 1. Action for reconveyance
1 year?
-the claimant must prove the identity of the parcel of
SC: when you are availing of the ff remedies: land
reconveyance, quieting of title, what are you trying to
-and his right over the land
do? You are just tryong to transfer ownership of the
parcel of land. You are not trying to transfer the
certificate of title. They are 2 different concepts.
GROUNDS:
Certificate – torrens cert
-actual or extrinsic fraud; what instance? Yung mga
Is the torrens title equivalent to ownership? NO double sales, mirror principles, fraudulent transactions
IN A CASE, PERIOD OF PRESCRIPTION: 4 years
A possessing a parcel of land agricultural in nature
sold a parcel of land to B. Untitled parcel of land. Later
on, when the parcel of land which is subject of the -intrinsic fraud- fraud perpetuated na mahirap
CARP, kumbaga magsasaka si A, nagkaroon ng Cert of kalaban; vitiates consent without the kalaban mo
Land Ownership Award (CLOA) si A pero nabenta na knowing it e.g. false testimony
niya kay B yung property. A tried to get more money PERIOD OF PRESCRIPTION: 10 years
from B. May CLOA na yung property, give an
additional amount sabi ni A. Bakit? Because may
CLOA, the property became more valuable. During this -void contract
time, gusto na pa register ni B yung lupa. Wala pa title
si B. Title issued to A by virtue of CLOA after the sale PRESCRIPTIVE PERIOD: imprescriptible
to B.
e.g. Heirs of Dr Intac 2012 SC CASE
QUESTION: Who has a better right? B has better title.

17
yung nurse si B sabi kay doc, can I borrow your parcel
of land in your name, kasi gusto ko mag loan I want it

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to be a collateral. Accommodation party sana. Kaso

KUPALOURD
July 8-9, 2017
Atty Ed Albano III
tramsfer of title dito. Di na sinauli ng nurse. Is there
action for reconveyance in this case? YES. VOID
CONTRACT NO CONSIDERATION.
-duress
PERIOD OF PRESCRIPTION: 4 years from duress
ceased to exist
In 2003 CASE ASSOC BANK v CA
Si A, congressman, was the owner of the shares of
stocks in a corporation. This corpo has parcels of land.
Pagkatapos ng EDSA Revolution, A was shocked na
shares of stock was already acquired by ASSOC BANK.
Nag execute ng deed of assignment, umutang then
foreclosed by the bank. Can A recover in this case?
SC: YES! filed action within 4 years from the time
duress ceased
-implied trust
PRESC PERIOD: 10 years
MACTAN CEBU INTERNATIONAL AUTHORITY
Purpose of acquisition to extend the runway. However,
after acquisition, it decided to gawing hangars and
leasable properties. Of course, nung nalaman ni A na
yung property niya nan a-acquire was going to be
turned to another purpose, did it give A a right to
recover the property?
KUPALOURD
SC: YES! If you do not devote the prop to the public
purpose by which you took it for, then it can be
recovered by the private individual.
Nasaan implied trust? Ito yung right nung tao. Once
the property was converted to become a hangar, then
you have 10 years to recover property on the basis of
impled trust, resulting trust ang nangyari dahil sa
violation ng public purpose.
Another case: PEZA
Magkakapatid A B C D E F, ano nangyari? May parcel
of land supposed to be co-owners sila of the land
which was not transferred to their name. si A nag file
ng extrajudicial settlement of estate. Kapatid niloko
tayong apat na kapatid. After the extrajudicial
settlement of the estate, transferred to PEZA. CAN B C
D E F recover?
SC: NO! becauise the property was tramsferred to an
innocent purchaser for value.
2 years yung supposed period to question the
extrajudicial settlement.
QUESTION: Ano mag apply na period? 10 years sa
implied trust or 2 years extrajudicial settlement
period?
SC: 10 years dapat kasi you are talking about a
18
fraudulent transaction. 2 years only applies kung
walang nagyaring kalokokhan.
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Atty Ed Albano III
Another Case: Cabacungan v Laigo
Si A si lola. Sabi ni B apo, lola pahiram ng tax dec ng
lupa natin. Pumayag si lola. Just for securing daw a US
Visa sabi nung apo. Pagkakuha nung apo, idineretso
kay C yung tax dec. 27 years later, C applied for
original registration of the parcel of land because tax
dec only while the heirs of lola was still in possession
of the property.
Who do you think will win?
Pag implied trust 10 years ang prescriptive period
from the time implied trust repudiated.
Sabi ni C, more than 10 years have elapsed so akin na
yung property.
SC: Nanalo ang heirs. Simple lang. the repudiation of
the implied trust only takes place in registered lands.
When you are talking of unregustred land, there is no
application of repudiation.
Since the parcel of land in this case was not covered,
can you avail of 10 year prescriptive period? NO.
So kelan mag sisimula ang implied trust? From the
time of filing of the action for original regustraion
because IN REM.
KUPALOURD
2. REMEMBER: kagaya nangyari sa PEZA, if prop
transferred to innocent purchaser for value, NO
MORE RIGHT TO RECOVER
Then what is the remedy of the person? ACTUAL
DAMAGES. If you can prove bad faith was present,
MORAL AND EXEMPLARY.
3. ACTION FOR QUIETING OF TITLE
Elements:
-instrument of title or conveyance affects title to the
land
-this seems to be valid and enforceable
-but is in truth and in fact, invalid and unenforceable
 kelangan mo to patunayan
PRESC PERIOD: according to the jurisprudence
decided by the SC, IT DEPENDS
 Depends on possession – if the person initiating
has possession, what is the rule? He can wait in
the mirador de sucasa. Wala ako prescription
period sa aking queting of title
 If not in possession, relate it to LACHES
o How long? It is 30 years
 Parang catch all provision for the purposes of
cases of titles of land
REMEMBER: 2 instances for quieting of title
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1. When one has title v. No title
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In 2008, CLAVIO REYES v LINTE?
Yung isang tao siya yung share-tenant, ibig sabihin
sakahin mo yang lupa nay an para hati tayo sa ani. In
accordance with my master, may kasulatan kami na if
or after my death, sayo na mapupunta yang property
nay an and then a cert to that effect.
Yung kalaban ng magsaska may deed of absoulute
sale + torrens title
Sino mananalo? PALAGI YUNG MAY TITLE
What if ikaw ang lawyer nung may kasulatan? Sirain
mo yung title nung kalaban.
2. DOUBLE TITLE- parehas tao may title
So nahanap na. ok na siguro. But just to inform you
ano nangyare. Tumawag, ano nangyari? Nakita na nila
yung tao pero ngayon hindi na makita yung isa pa.
every step of the way gusto ng PERA!
When you talk about a double title
QUESTION: Which is the valid title?
1. The earlier in date prevails- sinong mas
matandang title prevails
2. Geodetic engineer examination determining the
metes and bounds if you are actually comparing
similar properties
3. Backtrace – determine where the title came
from. Pano mo malaman? Punta ka RD.

Meron daw transaction sa lupa. Meron daw pina In an SC decision, you can find out in backtrace which
annotate na adverse claim sa lupa. Adverse claim is is the valid title.
bantay salakay. Pag nagpa annotate ng adverse claim
Earlier in date prevails
sa lupa mo, that will put anybody in bad faith. Yung
adverse claim na yon was there since 2001. Ano
nangyre? Nong pumunta sa RD, nagkaroon na ng
4. ESCHEAT- when prop is acquired in violation of
settlement e, can we look for the adverse claim? Sabi
the Consti
ng LRA, kasi absent ngayon yung taong nag p process
nung ganon. Nung pumasok, sabi, nako yan pumirma A and B were the vendor vendee. B foreigner. Property
nay an wala nay an dito e. diba madali naman Makita is escheatable filed by the SolGen. If you’re the lawyer
sa computer yon? Tas kamot ulo na kelangan ng for the foreigner, can you tramsfer in favor of a
padulas. Edi nangyari, kumausap nan g taga RD. Filipino to remedy the problem? YES.
kumausap, OK. Ok hahanapin naming yung tao nay an

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for 15K.

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INTELLECTUAL PROPERTY LAW (read downwards per topic)
Patent /Industrial Design/ Utility Model
Patent – anything new; technical solution
of a problema; involves an inventive step;
industrially applicable
KUPALOURD
Trademark/ Tradename Copyright
When are you protected? GR: no need to register as
long as you are the owner of
Reg + use the copyright, you are entitled
to protection
BUT
Even before registration, you are
protected for as long as you are
using it
Use + reg (SC CASE 2010)
BERRIS AGRICULTURAL- dalawang
magkatunggaling products – D-10
(reg. Dec 2006) at D – 10 PLUS
(reg. Feb 2006). But D-10 has been
using the product since 1999.
SC: the use of a trademark
determines your entitlement to it
such as if there is a prior registrant
as long as you use it before hand,
you are entitled to it.
 BUT THIS IS EXCEPTIONAL.
You have to register to be
entitled!
SAN FRANCISCO COFFEE CASE
21
Si San Francisco Coffee put up
coffee shops under the name San
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Francisco Coffee.
July 8-9, 2017
Atty Ed Albano III

Defendant San Francisco Coffee and

Roasters – SEC registered DTI
registered, but tradename not
registered.

Plaintiff San Francisco Coffee-

Tradename and Trademark
registered.

PERO YUNG MAY ROASTERY ANG

UNANG GUMAMIT.

Who do you think is entitled? SI

COFFEE AND ROASTERS. Yung
corpo, when it uses the name, it
has the right to use such name.
SEC registration shows that it
wants to use such name. And
tradename does not need to be
registered with your Intellectual
Property Office.

BECAUSE IT IS ONLY TRADEMARK

WHICH SHOULD BE REGISTERED!

INVENTIVE STEP When you register, you have to Copyright is the legal right to
use. use or prevent the use of
1969 Ruling of the SC- intellectual creation
DECLARATION OF ACTUAL USE
QUESTION: -within a period of 3 years from the
time you registered the mark

22
Itong isang tao naka imbento ng tiles na
decorative pwede ng pang wall. Kino

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contest yung kanyang patent. Sabi, hindi

naman patentable invention. At the most,
that is a utility model.

SC: w/ regard to a person skilled in

making tiles, tiles na patayo for walls is
not obvious to a person skilled in the art

NOVELTY- never been introduced TRADEMARKS WHICH CANNOT BE INCLUSIONS OF COPYRIGHT

anywhere in the world REGISTERED
1. Books, pamphlets,
1. Illicit/ immoral function articles
e.g. Sogo Hotel, yung trademark 2. Letters
can it be couple making love? NO! 3. Newspapers, periodicals
4. Comp
2. Flag of the Philippines software/programs
3. President of the Philippines 5. Original aesthetic
or living individual except if creations
with consent 6. Paintings, sculptures,
4. Mark identical with a mark statues, work of art
belonging to another of 7. Photos
similar, closely-related, likely 8. Maps, litographs
to cause confusion goods 9. Audio visual comm
10.Plastic work
ASIA BREWERY CASE – San Miguel 11.Derivative works –
Pale Pilsen v Beer na Beer Pale drama, - compilation 
Pilsen arranged
12.Choreograph
QUESTION: Is beer na beer 13.Pictorial illus,
infringing on San Miguel’s advertisements
trademark? 14. Musical compositions

23
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Bote ng San Miguel, sabi ginagawa

raw ng Beer na Beer and the word
“pale pilsen”

SC: What does pale pilsen mean? It

only means PALE BEER. San Miguel
cannot monopolize that.

What about bote?

Apply:

Holistic Test- compares all of the

features of both marks

Dominancy test- only distinguishing

features of the mark

SC: using the dominancy test,

pangalan palang talo na. not likely
to cause confusion. As to whom? As
to ordinary consumer. This is the
consumer who regularly purchases
goods.

Can he be fooled as to San Miguel v

Beer na Beer? NO.

As to the bottle, San Miguel, you

cannot appropriate for yourself the
bottle.

Bakit nga ba gusto gamitin ni beer

24
na beer yung same type of bottle?

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Atty Ed Albano III

Because it is the ideal beer bottle to

keep the beer colder.

As to the shape. Hindi naman

magkapareho bote nung dalawa.

The markings on the bottle clearly

distinguish the two

BIRKENSTOCK 2013 CASE

An individual wanted to register
Birkenstock in his favor been using
since 1970s daw. Nalaman ng
original Birkenstock. Sabi nung fake
Birkenstock since 1970s pa ko long
before dumating ka sa Pinas. Sabi
ni orig, I have been selling since
1774.

SC: CANNOT REGISTER

RESTAURANT NA SHANGRI-LA v
SHANRI-LA HOTEL
Resto- I have been operating for a
long time. Napanaginipan ko tong
logo na to in a dream. Pinagawa ko
sa gumagawa ng karatula ng jeep.
Pero no intention to copy.
Hotel- nagdemanda same logo
same name.

25
SC: Resto, really?

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QUESTION: How come there is still

a Shangri-la Resto? Because lawyer
of hotel is STUPID. Finile PATENT
INFRINGMENT. Tongaks!
TRADEMARK TO E!

5. Identical with the mark

belonging to another with
similar goods which is well
known internationally and
the Phils

WHETHER OT NOT REGISTERED IN

THE PHILS

In re: Paris Convention

 Art 6B IS
 Provides that the foreign
country should give
protection to worldwide
international marks which
are well known
internationally

LACOSTE CASE
Lacoste Chemise tried to registered.
Lacoste international nalaman.
Lacoste Chemise sabi, you are not
registered in the Phils, hence,
cannot be entitled to trademark
protection.

26
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SC: Paris protects trademarks well

known internationally WON
registered in the Phils

When can you consider a product

WELL-KNOWn?

MIRPURI v CA
Women’s underwear na Barbizon, is
New York registered. An imitation
brand was introduced in the Phils.
New York found out. Sued for
infringement.

Barbizon: You’re not registered as

doing business in the Phils. You’re
not even a well-known product all
over the phils.

SC: The real test is the

RESPECTIVE SEGMENT – yung
babaeng bumibili ng Barbizon yan
ang dapat may alam ng Barbizon.
Not determined by people not in
that segment.

6. Identical with a mark

belonging to another of
goods which are NOT similar
registered in the Phils BUT IS
likely to cause damage,
owing to the connection

27
between the goods or the
owner

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ESSO STANDARD CASE 1993 Ruling

ESSO Gasoline Co. reg with the

Bureau of Product Standards the
ESSO gasoline standard

Later on, another company

registered cigarettes.

Hence, complain.

SC: although not similar, both

registered, no likelihood to cause
damage. Cigarettes cannot be
mistaken by the ordinary consumer
is not likely to be confused / cause
damage between gasoline and
cigarette.

7. Likely to cause confusion as

to the nature character or
regime quality of the goods

2015 CASE asked last BAR TAIWAN

KOLIN v KOLIN ELEC

KE wants to register its appliances

TK produces power supply,

registered in the Phils; baka raw
pag bumili consumers akalain sa

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kanila nag orginate yung goods

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SC: not likely to cause confusion.

The ordinary consumer is not likely
to be confised as to the origin kasi
yung appliances at power supply
magkaibang magkaibang products
yan

8. Signs that are generic

Blind justice sa law firm

Paracetamol- this is the generic

name

9. Signs that are customary/

usual to the business
purpose

Virgin coconut oil- can you register

for yourself to the exclusion of
others? NO. because this is
customary or usual to the goods

10. Color alone

11. Shape alone

Can coca cola register shape bottle

for it self? YES, necessitated by the
technical function of the shape
12. Contrary to law etc

UTILITY MODEL- 1. Any technical solution REGISTRATION ECONOMIC RIGHTS

29
to a problem; new; industrially applicable; 1. File petition for registration 1. First public distribution
of the mark attach the name 2. Rentals

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BUT DOES NOT REQUIRE AN INVENTIVE of person/corporation/ 3. Dramatizations

STEP description/ file with the IPO, 4. First performance
2. Published with the IPO for 5. Reproduction
the purpose that it can be
opposed
3. Hearing
4. Judgment that you are
entitled to trademark
registration
UTILITY MODEL CASE What is the term? MORAL RIGHTS

Yung wheel barrow. Usually paharap ang Initially 10 years, but as long as 1. Right to have the work
buhos niyan pag dinadala ng construction you keep paying the fees, you can attributed to you
worker. Ngayon pa-side na huhulog ang be entitled to the registration of 2. During adaptation, right
wheel barrow. trademark continuously to make the necessary
editing
QUESTION: utility model or patent? 3. Adaptation
4. Right to prevent
SC: UTILITY MODEL. NO inventive step distortion
here you just improve Michael B. Jordan has the right
to prevent the distortion of his
Another characteristic: It is an face. Bawasan yung pasa
improvement of technology pasa. (totoo ba to?)

**there’s a thin line

INDUSTRIAL DESIGN- any combination of TRADEMARK RIGHTS WHO ARE THE OWNERS OF
lines and colors which gives it a 3-D shape THESE ECONOMIC RIGHTS?
and special appearance that can be the 1. Use
basis for an industrial product 2. Prevent the use 1. Author
3. assign
WHAT IF THE AUTHOR IS
Limitation on assignment: mislead EMPLOYED BY A COMPANY?

30
the public as to products of one for  Who owns now?
another  DEPENDS

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Why? Because trademark is visible If in relation to employee’s

sign distinguishing the merchandise duties – EMPLOYER OWNS IT

If outside the duties –

EMPLOYEE OWNS IT

WHAT IF NO AUTHOR?
 PUBLISHER OWNS IT!

AS BETWEEN THE PRODUCER

AND THE DIRECTOR
 If winner as Best
Picture, who comes up
the stage?
Kunwari si Brad Pitt, may Plan
B productions. Brad Pitt goes
to Sony Pictures pitches
Spiderman. Sabi ni Sony, ok I
will fund your film. Then Brad
Pitt will look for everthing,
actors, director, etc. Ang
concern ni Sony, kung
magkano ang kikitain ng
pelikula. So sa awards night,
sino naakyat? Si producer.
 May separate award si
director – BEST
DIRECTOR

31
SINO ANG MAY ARI NG
SOUNDS?

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PATENT- required to be registered before
protection?
-nireregister mo para pagkakitaan mo
-use and preventing everyone to use it
PATENTS WHICH CANNOT BE SUBJECT OF
REGISTRATION
1. Discoveries, Sci Methods
-idea cannot be subject of patent because
it is the working of the mind
-discoveriesnot new
2. Mathematical formulas
3. Plant and animal varieties
4. Method of treatment of humans and
animals
5. Aesthetic creation (protected by
copyright; no inventive step)
6. Contrary to law etc
7. Computer programs (protected by
copyright; no inventive step)
KUPALOURD
REMEDIES
1. Admin
Cancellation of trademark because
of similarity
2. Infringement
3. Unfair competition
When is there unfair competition?
-none for patent
-none for copyright
-only in trademark
Why only in trademark? Dahil sa RA
8293, amendment by exclusion
Unfair Competition – when you
employ deception; anything other
than good faith to pass off one’s
goods as another’s and is likely to
mislead the public
 Willful and evil intent
--------Versus---------
Infringement- hindi willful and evil
intent
Sketchers CASE v Strong shoes
- Stylized “s” logo ng sketchers
 SOUND PRODUCER
So these are the owners. They
are entitled to the economic
rights and the moral rights.
WORK OF ARCHITECTURE
Let’s assume a building na
ginawa ng isang architect.
Nagustuhan ng isang tao.
Gusto niya gumawa ng similar
architectural structure. If the
architect is commissioned for
the work, what is the right of
the architect?
 CONTROL THE
ERECTION OF THE
STRUCTURE so that it
substantially reproduces
the structure
 If ginaya ng walang
persmission ni architect,
you may sue for
copyright infringement
 Or what if Mr. A says,
please construct the
building for me, what if
you don’t have control
over the structure at
gumuho building, ano
mangyayari? Masisira
pangalan mo.
32
 So mangyayari, you are
just a rubber stamp.
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SC: YES! There’s an infringement
-there was a likelihood of confusion
as to the ordinary consumers
because eventho as to price, sino
bang mas mura? Did strong shoes
price itself equivalent to sketchers?
NO, but eventho magkaiba ang
presyo, yung ordinary consumer
pwede niya pagkamalaman na
lower segment shoes, using the
dominancy test
 use of the logo obviously to
mislead
DIAZ CASE
-diaz reg his LSJ Tailoring Jeans
-ano ba ibig sabihin ng LSJ? Levi-
Strauss Jeans
-Levis found out sued for
infringement
SC: No infringement. Mas mura
jeans ng LSJ tailoring. And Diaz
never said that this is Levi’s jeans.
Hindi naman sinabing factory
overruns.
SC: LSJ Jeans was not purporting
itself out to be Levi’s Jeans.
KUPALOURD
Palafox- sikat na
architect. Taga-approve
lang siya. Will be paid
millions just to approve.
PRODUCERS, DIRECTORS,
SOUND PRODUCERS
Sound Producer- has the right
to the first release of his sound
-ano yan?
Bakit sa movies yung
soundtrack ng movies
magkasabay bang ni r release
sa movie? HINDI, bec it is up
to the sound producer to first
release the soundtrack
Ano pa yung important na
right na kelangan natin
tandaan sa
producers/directors?
-they have a right to edit the
film so that it will be achieve
their standards
What if yung Ocean 11 gusto i-
remake gagawing babae lahat?
Paalam ka sa producer
(adaptation)
PERFORMER’S RIGHTS
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1. First performance
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Ano kelangan tandaan? No
intention to mislead the public.
Bakit? Logo itself.
Levi’s –v- LSJ
LIVE’S JEANS CASE
-Live’s jeans registered with the
IPO
-nagalit ang Levi’s kasi obviously
Levi’s yan pero iniba mo spelling
para magmukha di mo ko niloloko
SC: No infringement. Bakit? Kasi
you have to look at the view point
of the ordinary consumer. Pag
bumili ka ng kendi, basta mint
kukunin mo kendi ni hindi mo
titignan kung Halls ba yan or Stork.
E how about kung bibili ka ng
pantalon, yung ordinary consumer
will look at the tag of the jeans.
Magkaibang magkaiba ang LIVE’S
sa LEVI’S
STYLISTIC MR. LEE CASE
-is the addition of Stylistic Mr. Lee
would it result to infringement or
unfair competition?
KUPALOURD
Pwede siya mag determine
kung san siya first mag p
perform e.g. New York
2. Has the right to request
that the performance be
attributed to him/her
Once already been performed,
anong karapatan?
1. ROYALTY at least 5%
BROADCASTER’S RIGHTS
1. Recording
2. Fresh transmission
2016 SC RULING- Rappler
Case
COMELEC entered into an
agreement with major
broadcasting entities (ABS,
GMA, TV5, PTV4). Rappler
wanted to livestream yung
election debates. What
happened? Weeks before the
Election debates, it has not
received any notice of the
election debates. So they filed
specific performance.
SC: you can perform
livestream as long as you
34
“quote” the source. Video
Courtesy of “---------“
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SC: no infringement pa rin kasi

yung logo ng “LEE” not even close ABSCBN v GOZON 2015 Ruling
to Stylistic Mr. Lee of the SC

3. Reproduction

ABSCBN Broadcast Angelo

Dela Cruz going home. Angelo,
hostage. Yung footage ng ABS,
kinuha ng GMA para sa flash
report. GMA7 does not have
any agreement with ABSCBN
to broadcast Angelo dela Cruz.
No “video courtesy of” now
subject to a criminal
infringement suit.

QUESTION: itong reproduction

na ito is covered by the
doctrine of fair use
GMA: what are covered by fair
use? NEWS OF THE DAY. 5-sec
video news of the day lang
yan.

SC: ano ba ang news of the

day? Kunawri lumindol sa
leyte, can we cover? Yes that
is news of the day.

What’s the difference?

ABSCBN used creative works.

35
Nung vinideo si Angelo dela
Cruz na iniinterview, there was

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a creative process which the

video underwent. Accdg to SC,
the act of the cameraman in
making sure na maayos kuha
niya, that is creative work
already. It is already
protected. ABSCBN has the
right to determine the
broadcast of such.

Even tho news of the day si

Angelo, iba yung VIDEO
FOOTAGE NA KINUHA MO

REGISTRATION – only thru registration QUESTION: kunwari gumawa

there is protection ka ng painting ni Mona Lisa
-pinaka stringent pagdating sa registration ngayon, is this subject to an
infringement suit? NO kasi 50
1. Application for registration years lang
-A. description of the invention
sufficiently clear and complete so that it
can be implemented by a person skilled in
the art

-B. There must be a claim

-statement of entitltement to the patent as
related to the description akin yang
patent na yan this is my invention

36
e.g. Automatic Transmission

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-description the torque converter is a

fluid coupling which connects…

-C. Abstract- short summary of your

patent

2. Examination – if complete

3. Filing Date
– first-to-file
-protection on non-prejudicial disclosure


4. Search for Prior Art

5. Publication
 Pag pinublish and you are first to
file, if somebody copies/uses your
patent, you can sue them for
infringement

6. Grant the Patent

-patent
-industrial design certificate of registration

How long do you have to manipulate your

patent/ID?

20 years – patent
15 years – industrial design

RIGHTS OF PATENTEE FAIR USE

37
1. Use
2. Prevent use 1. News of the Day

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3. Assign patent 2. Comment

4. Enter into licensing agreements 3. Mere items of press
information (parehas
lang sa news of the day)
4. Written works of
legislature, judiciary
Can there be constructive notice for a REPRODUCTION OF
patent? YES. Because it is registered in the COPYRIGHTABLE WORKS
Registry of Patents WITHOUT THE CONSENT OF
THE OWNER? NO.

INSTANCES WHEREIN YOU

CAN REPRODUCE
1. When only a portion of
the work
2. Libraries, if the book is
dilapidated already
3. Research or study
4. Archive

QUESTION: Book-a-like
allowed? NO

REPRODUCTION OF WHOLE
WORK – required consent

COMP PROGRAM- it can be

copied for so long as it is used
for archive or back up

WORK OF ARCHITECTURE- can

be used without consent? NO.

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INSTANCES WHEREBY YOU CAN USE NOT SUBJECT OF COPYRIGHT

PATENT WITHOUT INFRINGEMENT PROTECTION
1. Private and non-commercial use 1. Mere expression of
2. Once it has been introduced in the ideas, method, system,
open market eventho in writing is not
3. For scientific testing/ testing of protected
medicines
4. Educational purposes It’s a Date 1999 CASE
5. When the court adjudges that it is -Rhoda and Me based its
anti-competitive to use or format on It’s a Date
monopolize the patent
SC: ideas are not subject to
protection altho expressed in
writing

What is subject of protection

then? The EPISODE ITSELF of
RHODA & ME

CASES: Importance if Registration as to CASES ON INFRINGEMENT

Patent
AERIAL FUZE CASE- A invented the aerial
fuze. B copied the invention and registered
it. Pano ngayon nalaman ni A na kinopya
ni B ang patent niya? Si B binenta sa
military yung aerial fuze. Who is entitled
between the two?
SC: It is B who is entitled to the patent
because B registered it. Ganyan ka
importante ang registration ng patent. If
1999 SC Author’s Book
HABANA CASE
-e.g. ito yung author, nakita
niya yung book, yung
examples and yung
discussions, ano nangyare?
Kinopya. Hindi kinopya ang
title pero madaming kinopya.
Author of the book sued for
infringement. Opponent says,
hindi ko naman kinopya title

39
you do not register, kahit ikaw pa ang ng libro mo. And eventho I
inventor, you do not have any right to it. copied the examples,

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Celphones in the Phils Cherry Mobile. If
Cherry Mobile wants to register the mobile
phone itself as a patent, do you imagine
how absurd that is? Siyempre ang dami
niyang kalaban. Sasabihin nilang lahat,
kapal ng mukha mo. Kami gumawa hindi
ikaw. Sasabihin ni Cherry e sa Pinas lang
naman. What’s the answer? PARIS
CONVENTION
 If intellectual property is registered
with the world intellectual property
organization WIPO. Where are you
entitled to protection? YOU ARE
ENTITLED WORLDWIDE!
 Requirement? The doctrine of
reciprocity
 Does it have a counterpart for
trademark and copyright? PARIS
CONVENTION PA RIN LAHAT NG
KLASE PROTECTED WORLDWIDE
DAHIL SA PARIS CONVENTION
QUESTION: North Korea not a signatory to
this Paris Convention. In theory, as long as
registered in North Korea. So if Samsung
enters NK, NK can sue for infringement.
KUPALOURD
magkakaiba naman yung
pangalan.
SC: when you reproduce a
substantial portion of the book
such that you appropriate the
whole of the book eventho
hindi exact replica of the book,
that is considered an
infringement
ADVERTISING
SM v Pearl and Dean INc.
Sa labas ng SM meron kayong
makikitang lightbox. Pearl and
Dean produced the lightbox.
They went to SM and told SM,
we have this product. We will
enter into an agreement with
you for the lighbox. Several
weeks later, after entering into
agreement, SM cancelled the
contract. What happened
next? Bigla nalang nakita ni
Pearl & Dean yung lightbox sa
SM.
QUESTION: is the lightbox
subject to copyright
protection?
40
SC: if Pearl & Dean registered
the lightbox as an advertising
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copyright then siguro entitled

siya to protection.

What happened? Hindi

niregister the lightbox as an
advertising copyright.

Anong nakakainis sa ruling?

SC consistently says that the
mere creation gives you the
economic and moral rights.
INSTANCES WHEN THERE CAN
REMEDIES BE NO INFRINGEMENT OF
1. Admin COPYRIGHT
-petition for the cancellation of patent
if patent not new 1. Private non-commercial,
author not known religious, charitable
no inventive step purpose
2. Quotation of the
-what is the judgment? author’s work (e.g.
 may consist: Rappler)
Cease and desist order 3. When copyright used by
Destruction the government
Monetary penalties 4. Sci and educ purposes
If money claim, go to regular court for 5. Legal use
damages for infringement (Civil Court-
depending on the amount; max penalty:
3x the amount of actual damages)

INFRINGEMENT CASE ON QUOTATION:

When is there infringement?
when there is a use, offer for sale, sale 1960’s case

41
of your patent without authority of the Buhay ng mother ni Jose Rizal
author was published in a school

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 let’s say the wireless microphone was
being reproduced without authority
 if you are the lawyer of the infringer,
what is your defense? I DO NOT KNOW
THAT YOU HAVE A PATENT FOR THE
MICROPHONE
©  presumption of knowledge
paper. A magazine took this
publication and wrote in his
own without quoting.
Was it infringement? YES. The
magazine failed to quote the
source of the work

YOU CANNOT DENY THAT YOU DO NOT

THERE IS A PATENT

TESTS OF INFRINGEMENT (descending

tests; one after the other)

1. Test of Literacy
Kunwari si Honda, sasabihin the idea for
auto transmission is mine alone hindi
kinopya ke mazda. Nirehistro ko yan.
Kelangan ipakita patent (paper) given to
Honda. Bakit? Kasi titiginan yung
description. Literacy test nga e.

Kumbaga kunwari ginawa ng Honda yung

mismong term ni Mazda na “torque
converter.” By the test of literacy, it’s an
exact copy of patent of Mazda, hence,
liable for infringement.

What if pinalitan ni Honda ng other term

“mechanical inverter connects the liquids
to the powerhouse of the car via

42
transmission.” In this case, can you say na
parehong pareho sila? Honestly, pwede

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makalusot e. So by virtue of literacy test,

NO INFRINGEMENT

2. Doctrine of Equivalents

If an innovative concept of a prior

invention is appropriated eventho modified
produces the same result same means
same structure

SO IS HONDA GUILTY OF INFRINGEMENT?

YES

INDUSTRIAL DESIGN – TEST OF

INFRINGEMENT

1. Ordinary Observer Test

If the ordinary observer inspects the
industrial design and can be liable to be
confused yung ordinary observer, then
there is infringement

IS THERE UNFAIR COMPETITION IN

PATENTS?

Unfair Competition-
Making a product appeaer as if it belongs
to another

Kunwari gumawa ka ng relos SEIKO, using

the patent of SEIKO, na automatic pero

43
hindi naman pala talaga SEIKO. You’re
misrepresenting the goods you

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manufacture para makabenta ka ng mas

marami.

Is there unfair competition in patents?

NONE

Removed from IPL as to patents

TRADEMARK LANG ANG MERON KAHIT

COPYRIGHT WALA NG UNFAIR
COMPETITION
Is there criminal suit for patent
infringement? YES

1. Final judgment in the infringement

case
2. Within a period of 3 yrs,
infringement was repeated

This is the only instance

Once 20-year period has expired  reverts
back to public domain

44
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