Directory of Olongapo City Judges (2023 update)

Municipal Trial Court for Cities (MTCC)

Branch 1 - Hon. Judge Merinnisa O. Ligaya
Tel. No. (047) 224-7767
Branch 2 - Hon. Judge Jason B. Alquiroz 
Tel. No. (047) 224-8089
Branch 3 - Hon. Judge Rosalind R. Jungco-Abrigo
Tel. No. (047) 2242764
Branch 4 - Hon. Judge Esmeralda B. David
Tel. No. (047) 224-8085
Branch 5 - (vacant) 
Tel. No. (047) 224-8086

Executive Judge: Judge Ligaya

Regional Trial Court (RTC)

Branch 72 - Hon. Judge Richard A. Paradeza
Tel. No. (047) 224-6097
Branch 73 - (vacant)
Tel. No. (047) 224-2762
Branch 74 - Hon. Judge Roline M. Ginez-Jabalde
Tel. No. (047) 224-2761
Branch 75 - Hon. Judge Raymond C. Viray
Tel. No. (047) 224-6096
Branch 12 (FC) - Hon. Judge Gemma Hilario-Logronio
Branch 97 - Hon. Judge Melani Fay V. Tadili
Branch  98 - Hon. Judge Michael F. Real

Executive Judge: Judge Viray

The Hall of Justice is located at 23rd St., Brgy. West Bajac-Bajac, Olongapo City. The Hall of Justice - Annex (housing RTC branches FC12, 97 & 98) is located at Paladin Bldg., 22nd Place, West Bajac-Bajac, Olongapo City.

 

(First published in June 2011. In case of any inaccuracy, kindly let me know.)

Notice of dishonor not an element for committing estafa by issuing a rubber check

Article 315, paragraph 2(d), of the Revised Penal Code, as amended by R.A. 4885 penalizes estafa when committed as follows:

2. By means of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:

xxx

d) By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or payee or holder that said check has been dishonored for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act.

By settled jurisprudence, the elements of the crime of estafa, as defined in the above quoted provision of law, are as follows: (1) the offender has postdated or issued a check in payment of an obligation contracted at the time of the postdating or issuance; (2) at the time of postdating or issuance of said check, the offender has no funds in the bank or the funds deposited are not sufficient to cover the amount of the check; and (3) the payee has been defrauded. Damage and deceit are essential elements of the offense and must be established with satisfactory proof to warrant conviction, while the false pretense or fraudulent act must be committed prior to, or simultaneous with, the issuance of the bad check. The drawer of the dishonored check is given three days from receipt of the notice of dishonor to cover the amount of the check, otherwise, a prima facie presumption of deceit arises.

Further it is settled that it is criminal fraud or deceit in the issuance of a check which is made punishable under the Revised Penal Code, and not the nonpayment of a debt. Deceit is the false representation of a matter of fact whether by words or conduct by false or misleading allegations or by concealment of that which should have been disclosed which deceives or is intended to deceive another so that he shall act upon it to his legal injury. Concealment which the law denotes as fraudulent implies a purpose or design to hide facts which the other party ought to have. The postdating or issuing of a check in payment of an obligation when the offender had no funds in the bank or his funds deposited therein are not sufficient to cover the amount of the check is a false pretense or a fraudulent act.

The receipt by the drawer of the notice of dishonor is not an element of the offense. The presumption only dispenses with the presentation of evidence of deceit if such notification is received and the drawer of the check failed to deposit the amount necessary to cover his check within three (3) days from receipt of the notice of dishonor of the check. The presumption indulged in by law does not preclude the presentation of other evidence to prove deceit.

The absence of proof as to receipt of the written notice of dishonor notwithstanding, the evidence shows that petitioner had actual notice of the dishonor of the check because he was verbally notified by the respondent and notice whether written or verbal was a surplusage and totally unnecessary considering that almost two (2) months before the issuance of the check, petitioners current account was already closed. Under these circumstances, the notice of dishonor would have served no useful purpose as no deposit could be made in a closed bank account. (Lopez vs. People, GR No. 166810, 26 June 2008)

Can a forged deed of sale of real property convey a title?

The answer, according to the Supreme Court is NO. (Sps. Bernales vs. Heirs of Sambaan, GR No. 163271; 15 January 2010). A forged deed of absolute sale is null and conveys no title. Neither does prescription bar the action to recover ownership of the subject property.

Hence, after affirming that the findings of fact of both the CA and the trial court that the signatures of supposed vendors are forgeries, the Supreme Court answers the question on the validity of the transfer of title to the petitioners (buyers) in the negative.

It declares that in Sps. Solivel v. Judge Francisco:

x x x in order that the holder of a certificate for value issued by virtue of the registration of a voluntary instrument may be considered a holder in good faith for value, the instrument registered should not be forged. When the instrument presented is forged, even if accompanied by the owner’s duplicate certificate of title, the registered owner does not thereby lose his title, and neither does the assignee in the forged deed acquire any right or title to the property.

x x x The innocent purchaser for value protected by law is one who purchases a titled land by virtue of a deed executed by the registered owner himself, not by a forged deed, as the law expressly states. x x x

In Instrade, Inc. v. Court of Appeals, we reiterated the said ruling maintaining that “[A]s early as Joaquin v. Madrid, x x x, we said that in order that the holder of a certificate for value issued by virtue of the registration of a voluntary instrument may be considered a holder in good faith and for value, the instrument registered should not be forged”. Indubitably, therefore, the questioned Deed of Absolute Sale did not convey any title to herein petitioners. Consequently, they cannot take refuge in the protection accorded by the Torrens system on titled lands.

Thus, we hold that with the presentation of the forged deed, even if accompanied by the owner’s duplicate certificate of title, the registered owner did not thereby lose his title, and neither does the assignee in the forged deed acquire any right or title to the said property.

Case of this nature also falls under the purview of Article 1410 of the Civil Code which provides that an action to declare the inexistence of void contracts does not prescribe.

The supposed vendor's signature having been proved to be a forgery, the instrument is totally void or inexistent as "absolutely simulated or fictitious" under Article 1409 of the Civil Code. According to Article 1410, "the action or defense for the declaration of the inexistence of a contract does not prescribe”. The inexistence of a contract is permanent and incurable which cannot be cured either by ratification or by prescription.

Manu and the art of subtle blackmail

Now, this one is about our second-born son who seems to have my number.

One day before the classes ended, and while in school, a mom of one of Manu’s girl classmates sheepishly approached my wife and asked her if it was ok to invite Manu and Vito to her daughter’s birthday. Of course, my wife saw nothing unusual with that. However, the mom also told her that Manu was her daughter’s chosen partner for the cotillion, hehe.

My wife was pleasantly taken aback. But she said yes, nonetheless. She was giggling when she told me about it. For 2-3 weeks almost everyday, our boys would go to the girl’s house and rehearse the dances with the other kids. Almost everyday, upon getting home I would also ask them how the practice was going, and invariably tease Manu about his classmate. “Nah, I’m still a kid,” he is wont to say.

The big day came. It was on a weekend, about 3:00 in the afternoon. I was lazily lounging in bed, flicking the TV remote. The boys were busy in the living room getting dressed. Then I heard the bedroom door open. A stuff toy softly hit the TV. I looked back at the door and saw Manu, on his black pants, long-sleeve polo shirt and tie.

“You’re not coming with us?” Manu asked. “Yeah,” I said, “I need to rest for a while and I’ll work later. Your mommy will join you.” Then brief silence. “You won’t see me dance,” he gently but decisively declared.

Well, I got up quickly, brushed my teeth, washed my face, combed my hair and put on a pair of cargo shorts and fresh shirt and went with them. Case - if ever there was one - closed.

Vito and the concepts of courage and innocence

Yesterday, the missus and I decided to bring our boys to this Subic Freeport hotel with a heated swimming pool.

We arrived there a few minutes before 5:00 p.m., as the sun was just about to sink behind Redondo Peninsula. Immediately, Vito and Manu waded in the kiddie pool, joining a dozen or so kids. I perched myself on a marble turtle beside the pool, as the missus had her camera ready.

Manu got preoccupied with submersing himself under the water, and “keeping score” by always asking me how many seconds he had been staying at the bottom. The water slide caught Vito’s interest on the other. Now, between the two, we always thought that Manu was the more physically daring, i.e., he’s into football, dancing and enjoys biking and roller-skating. Vito is more interested with painting and reading, and appears cool with sports. Manu likes to wrestle with me while Vito is the proverbial big brother ready to pounce on me whenever his younger brother cries for help. Otherwise, he’s not interested.

So I was surprised when, without any prodding, Vito joined the queue of a few kids taking their turn to use the slide. I just hollered at him to be careful. Without even throwing a glance at me, Vito took his turn and slid. Again and again. On the other hand, Manu tried it once but did not like it.

On one of his turns, as Vito rose following his fall to the water from the slide, his head bumped its edge. He appeared hurt and I asked him if he was ok. He shrugged it off and went on his merry ways for 2 hours, until lights of changing hues appeared from the pool’s bottom.

Now, I’m sharing this because while our boys were enjoying the pool and the slide, I couldn’t help but notice another dad talking to his son, who was on the verge of crying. The son could be as old as Vito, and as the dad was speaking rather loud, I could hear what they were talking about: he was egging his son to slide down the pool, saying that it was one way for him to learn how to be brave.

The dad was getting mad at the boy who continued to refuse. He did not stop even when the boy was already crying. Perhaps because of the incessant nagging, the boy finally relented, with the dad waiting for him at the end of the slide. And so he finally made it.

It did not stop there though as the dad wanted him to do it again and again, pointing at Vito and saying, “Look at the kid, he keeps on doing it.” So there went another battle of wits and another round of crying. I think the boy only slid twice or thrice until we left the hotel.

I’m not trying to be judgmental here just as I realize that parents, particularly the fathers, have different styles and manners of raising their kids, especially their sons. I’m only thinking that, perhaps concerned with the future and the concept of self-worth of their sons, we may be missing the point of being here and now, and the simple joys of being innocent kids unburdened by adult expectations.

Estate planning across the miles

Are you a Filipino immigrant/naturalized citizen of another country who stands to inherit properties in the Philippines? Or have you left behind properties in the Philippines and you have nobody to rely upon for their preservation and protection?

Of course, the easiest thing to do would be to dispose your properties to any interested buyer. Having a buyer who would purchase them for the desired price is a different issue, however. By the way, even the hereditary rights may be sold or transferred (subject to subrogation). Article 1088 of the New Civil Code provides, that:

“Should any of the heirs sell his hereditary rights to a stranger before the partition, any or all of the co-heirs may be subrogated to the rights of the purchaser by reimbursing him for the price of the sale, provided they do so within the period of one month from the time they were notified in writing of the sale by the vendor.”

For properties subject to inheritance, you may convince your parent/s and your siblings for the execution of a donation inter vivos, instead of a last will and testament. Conditions may be imposed anyway so that the use of the properties and their income, if any, will stay with your parent/s while they are still alive. You can do this as well with respect to your own properties. This way, the taxes to be paid would actually be lower.

Or you may consider having a trustee, whose duties may include management, preservation, collection of fruits and income, even disposition of the properties, for your benefit and that of other beneficiaries. According to the New Civil Code:

“A person who establishes a trust is called the trustor; one in whom confidence is reposed as regards property for the benefit of another person is known as the trustee; and the person for whose benefit the trust has been created is referred to as the beneficiary.” (Art. 1440)

In this regard, you as the trustor may execute an agreement reposing on the trustee certain duties that you may deem fit based on your situation and the attending circumstances. It may include both real and personal properties. The beneficiaries could be your children and even some charity organizations. Also, said agreement has to be duly notarized.

Forming a corporation is also an attractive option. You will need to comply with the requirements of the Corporation Code and the regulations of the Securities and Exchange Commission, though. Registration, having a set of officers, annual reporting, and the like ought to be complied with. This way, you may even get exemptions from payment of transfer taxes (in exchange for shares of stocks). In case of eventual sale to intended beneficiaries of the said shares, the taxes are also considerably lower.

Thus, depending on your situation and needs, on your future plans, you have several options to manage your properties in the Philippines for your own good self and for your loved ones.