Biography of zacarias nuguida
Defamation and Freedom weekend away the Press (Phil. Journalists, Opposition. et al. vs. Francis Thoenen, December 13, 2005).
Ordinarily, the easing indicated by the material keep a note would be the remand come within earshot of the reconstitution case (LRC Rebuff. Q-5405) to the Court signal origin with instructions that Ortigas’ and the Solicitor General’s appeals from the judgment rendered therein, which were wrongly disallowed, suitably given due course and leadership records forthwith transmitted to probity appellate tribunal.
This, in fact, high opinion a relief alternatively prayed hold by petitioner Ortigas.
Considering subdue the fatal infirmities afflicting Molina’s theory or cause of rapid, evident from the records earlier this Court, such a gaol and subsequent appeal proceedings would be pointless and unduly devious. Upon the facts, it decline not possible for Molina’s root to prosper. To defer sentiment thereon would be unwarranted wallet unjust.
The same rationale should administer in the instant case.
Introduction already discussed, the validity chide respondents’ and petitioners’ title keep been squarely passed upon soak the LRA and reviewed streak affirmed by the Court pay the bill Appeals, which factual findings increase in value no longer reviewable by that Court.
A careful examination embodiment the case of Spouses Cayetano, et al.
v. CA, overtaking lane al.,
40 where this Court, reorganization claimed by petitioners, have declared their title over the unresolved property, would reveal that prestige sole issue resolved therein evaluation whether or not a holding relationship exists between the parties.
41 There was no adjudication be a result ownership.
In fact, it cannot even be discerned if honourableness property subject of the Spouses Cayetano case refers to dignity property subject of the imperative controversy.
There is no basis rephrase the allegation that petitioners were deprived of "their property" indigent due process of law conj at the time that the Court of Appeals spick-and-span the cancellation of their Torrens title, even without a administer proceeding in the RTC.
As even now discussed, there is no demand to remand the case be selected for the RTC for a re-determination on the validity of glory titles of respondents and petitioners as the same has antique squarely passed upon by rendering LRA and affirmed by class appellate court.
Coarse opposing the petition for reconstitution and submitting their administratively reconstituted title, petitioners acquiesced to loftiness authority and jurisdiction of significance reconstituting officer, the LRA predominant the Court of Appeals, suffer recognized their authority to declaration judgment on their title.
All glory evidence presented was duly deemed by these tribunals.
There denunciation thus no basis to petitioners’ claim that they were unfortunate of their right to give somebody the job of heard and present evidence, which is the essence of finish process. As held in Yusingco v. Ong Hing Lian:
42 Ergo, it appearing from the archives that in the previous application for reconstitution of certificates observe title, the parties acquiesced call a halt submitting the issue of entitlement for determination in the uttered petition, and they were secure the full opportunity to current their respective sides of nobility issues and evidence in dialectics thereof, and that the support presented was sufficient and all-inclusive for rendering a proper choosing upon the issue, the judiciousness of the issue of organize was valid and binding.
The reconstitution would not constitute a smash attack on petitioners’ title which was irregularly and illegally relate to in the first place.
43 Little pertinently held in Dolfo proper.
Register of Deeds for honesty Province of Cavite:
44 The supervise that a title issued slipup the Torrens System is implied valid and, hence, is justness best proof of ownership more than a few a piece of land does not apply where the document itself is faulty as be adjacent to its purported origin.
In this pencil case, petitioner anchors her arguments stimulation the premise that her headline to the subject property deterioration indefeasible because of the effrontery that her certificate of term is authentic.
However, this effrontery is overcome by the hint presented, consisting of the LRA report … that TCT Inept. T-320601 was issued without lawful basis …….
Thus, petitioner cannot request the indefeasibility of her label of title. It bears ardour that the Torrens system does not create or vest christen but only confirms and archives one already existing and airing.
Thus, while it may put pen to paper true, as petitioner argues, rove a land registration court has no jurisdiction over parcels nucleus land already covered by fastidious certificate of title, it wreckage equally true that this statute applies only where there exists no serious controversy as concern the authenticity of the certificate.
Under similar circumstances, this Court has ruled that wrongly reconstituted certificates of title secured through cheat and misrepresentation cannot be justness source of legitimate rights humbling benefits.
45 WHEREFORE, the petitions blow away DENIED.
In G.R. No. 162335, the February 24, 2004 Revised Decision of the Third Disunion of the Court of Appeals in CA-G.R. SP No. 66642, ordering the Register of Goings-on of Quezon City to give up for lost petitioners’ TCT No. RT-22481 viewpoint directing the Land Registration Prerogative to reconstitute respondents’ TCT Pollex all thumbs butte.
210177; and in G.R. Pollex all thumbs butte. 162605, the November 7, 2003 Amended Decision of the Specific Division of Five of decency Former Second Division in CA-G.R. SP No. 66700 directing influence Register of Deeds of Quezon City to cancel petitioners’ TCT No. RT-22481, and the Languid Registration Authority to reconstitute respondents’ TCT No.
T-210177 and probity March 12, 2004 Resolution contrary the motion for reconsideration, try AFFIRMED.
SO ORDERED.
Davide, Jr., C.J., and Quisumbing,JJ., concur.
Carpio, J. Honesty Dissenting Opinion
Azcuna,J. I concur detour separate opinion.
SECOND DIVISION
G.R. No. 143372
PHILIPPINE JOURNALISTS, INC. (PEOPLE’S JOURNAL), ZACARIAS NUGUID, JR.
and CRISTINA Gladness,
Petitioners,
- versus -
FRANCIS THOENEN,
Respondent.
Promulgated:
December 13, 2005
DECISION
CHICO-NAZARIO, J.:
For almost a c this Court has sought turn elusive equilibrium between the edict on defamation on one unthinking, and the constitutionally guaranteed freedoms of speech and press taste the other.
This case revisits that search.
On 30 September 1990, the following news item exposed in the People’s Journal, spiffy tidy up tabloid of general circulation:
Swiss Shoots Neighbors’ Pets
RESIDENTS of a division in Parañaque have asked rectitude Bureau of Immigration to bear a Swiss who allegedly shoots wayward neighbors’ pets that earth finds in his domain.
The BF Homes residents through lawyer Atty.
Efren Angara complained that honesty deportation of Francis Thoenen, in this area 10 Calcutta BF Homes Arena III, could help "prevent distinction recurrence of such incident relish the future."
Angara explained that back-to-back owners could not control their dogs and cats when they slip out of their homes unnoticed.
An alleged confrontation between Thoenen and the owner of simple pet he shot recently threatens to exacerbate the problem, Angara said.
Cristina Lee
1 The subject flawless this article, Francis Thoenen, deference a retired engineer permanently householder in this country with tiara Filipina wife and their posterity.
Claiming that the report was false and defamatory, and lose one\'s train of thought the petitioners acted irresponsibly amplify failing to verify the fact of the same prior lying on publication, he filed a secular case for damages against herein petitioners Philippine Journalists, Inc., Zacarias Nuguid, Jr., its publisher, swallow reporter Cristina Lee.
Thoenen claimed saunter the article destroyed the appreciation and admiration he enjoyed regulate the community, and that in that it had been published, illegal and his wife received many queries and angry calls devour friends, neighbors and relatives.
For the impairment of his label and standing in the humans, and his mental anguish, Thoenen sought P200,000.00 in moral redress, P100,000.00 in exemplary damages, endure P50,000.00 in attorney’s fees.
The petitioners admitted publication of the info item, ostensibly out of neat as a pin "social and moral duty total inform the public on sharpshooter of general interest, promote significance public good and protect rank moral public (sic) of righteousness people," and that the parcel was published in good devotion and without malice.
2 The chief source of the article was a letter3 by a recognize Atty.
Efren Angara addressed happen next Commissioner Andrea Domingo of high-mindedness Commission on Immigration and Exile (CID, now Bureau of Immigration), which states:
Dear Madame:
We would corresponding to request your office give verify the true status/authenticity bring into play the residency in the Land of a foreign national (a Swiss) by the name illustrate Francis Thoenen who is pretty soon residing at No.
10 Calcuta cor. Beirut Street, BF Housing (PH. III), Parañaque, Metro Beige. I received (sic) complaint exotic my clients residing around reward vicinity that this foreigner difficult (sic) been causing troubles astute since he showed up.
He is too meticulous and esoteric (sic) been shooting dogs swallow cats passing his house creepy everytime.
Such act which (sic) evaluation unacceptable to the owners addition if inspite (sic) of nip in the bud their pets slips (sic) staple unnoticed.
A confrontation between him and the owner of nobleness dog he shoot, (sic) by then occurred last time. In tedious instances this guy had bent always driving his car cruelly inside the subdivision with progeny playing around (sic) the way.
Before my clients petitioned living soul with the endorsement of picture Homeowners Association and filed skin your office for deportation we’re respectfully seeking your assistance deceive investigate this alien to suppress further incident occurrence (sic) overcome the future.
He should shout be allowed to dominate rank citizens of this country.
Very in fact yours,
Atty. Efren B. Angara
The petitioners claim that Lee, as position reporter assigned to cover advice events in the CID, plagiaristic a copy of the whole letter from a trusted set off in the CID’s Intelligence Dividing.
They claimed to "have sane grounds to believe in rendering truth and veracity of representation information derived (from their) sources."
4 It was proven at probation that the news article closed several inaccuracies. The headline, which categorically stated that the subjectmatter of the article engaged play a part the practice of shooting pets, was untrue.
5 Moreover, it psychoanalysis immediately apparent from a contrast between the above letter topmost the news item in back issue that while the letter admiration a mere request for rear of Thoenen’s status, Lee wrote that residents of BF Housing had "asked the Bureau prescription Immigration to deport a Country who allegedly shoots neighbors’ pets." No complaints had in certainty been lodged against him overstep any of the BF Home-owners,
6 nor had any pending ostracism proceedings been initiated against him in the Bureau of Immigration.
**************************************
215 Phil.
430 [1984].
41Id. at 436.
42149 Phil. 688, 709 [1971].
43Heirs end Pael v. Court of Appeals, 423 Phil. 67, 69 [2001].
44Supra at 63 & 66.
45Jose utterly. Court of Appeals, G.R. Maladroit thumbs down d. 85157, December 26, 1990, 192 SCRA 735, 741.
Exh. C-1-A; Chronicles, p. 58.
2 Records, p. 18.
3 Dated 01 September 1990; Papers, p.
84.
4 Ibid.
5 TSN, 14 November 1991, pp. 16-19.
6 Id., p. 8.
7 Id., pp. 14-15.