UNDER OATH

A lawyer who appears before the Supreme Court, Court of Appeals, Sandiganbayan, Commission on Elections or other similar bodies with two or more sitting justices, commissioners or hearing officers, should expect being asked a lot of questions and will sometimes be humiliated for not coming prepared.

But Wow! Oh boy! And wha!

Seldom do we see a witness being reprimanded, confronted and bombarded by magistrates with questions, and straightforward statements or even being read and lectured on provisions of the law pertaining to possible civil and criminal liabilities. These are unprecedented and history has not been too kind as they unfolded because there were valid reasons. A witness was blurting out inconsistent statements and answers to the questions thus propounded. They were answers which the magistrates tried to reconcile with one another but eventually gave up for reasons known only to them or merely due to lack of time.

In fairness . . .

The witness may not have the luxury of time or opportunity to go over his notes or calendar. Maybe, human memory sometimes when under too much pressure could not process information stored in it right away. The court room itself may just be so intimidating enough to paralyze an otherwise clear and responsive mind. The sight of television cameras, batteries of lawyers, congressmen and observers seated at the galleries, and the overwhelming number of judges in full regalia, make ups and haircuts, and the fact that the credibility of the witness has been questioned due to his association and closeness with the number one critic of the impeached official - now tell me and all, would you have done better?

Well, at least someone did - the buyer of the Marikina property.

Bottomline.

Just be who you are and bear in mind that when you took your oath, you have sought God's help for you to tell the truth.


Sent from my BlackBerry®

GUIDELINES ON HOW TO DETECT FAKE TITLES

1.    Check if the initials, signatures, technical description, annotation and other component elements appearing on the front and at the back of the original are exactly the same as that appearing on the owner's duplicate copy of the title.  Any variance is a ground for suspicion;

2.    Judicial Forms for titles are considered accountable forms.  A serial number is assigned to each judicial form.  The serial number to be used for the original copy is printer in rd and the serial number for the duplicate copy is in black.  The LRA distributes the judicial forms with serial number in consecutive order to the various Registries of Deeds.  Any certificate of title bearing a serial number which is not among the ones delivered to a particular registry is of doubtful authenticity;

3.    A number is assigned to each judicial form.  It is indicated on the upper left-hand corner of the form.  Example:  Judicial Form No. 109 is used for the original copy of the TCT which emanated from a decree of registration and Judicial Form No. 109-D is used for the title is not the proper form as indicated by the Judicial Form number, this should be investigated;

Immediately below the Judicial Form number is the year the form was printed or revised.  If, for instance, the judicial form on which the title was prepared bears a date previous to the time when such form was printed or revised, then this is a ground for suspicion;

4.    The owner's duplicate copy of the title contains the words "Owner's Duplicate Certificate" on the left side margin of the judicial form.  On the lower left corner of the form is affixed a red seal.  The seal should not blot or stain when wet;

5.    The last two digits of the title number should correspond with the page number of the registration book indicated on the upper right corner of the title.  Any variance should be investigated;

6.    A reconstituted transfer certificate of title is identified by the letters "RT" preceding the title number, while the reconstituted original certificate of title carries the letter "RO" before the title number;

7.    The Central Bank judicial form is printed on security paper which contains security features.  The paper is 50% cotton and 50% chemical wood pulp with artificially colored silk fibers.  It has a NALTDRA or LRA watermark which can be seen if held against the light.  Patently fake titles are usually printed in forms made of cartolina or some other material of inferior quality.

8.    Check if the Register of Deeds  who signed the title was the incumbent register of deeds at the time the title was issued;

9.    Check the entry of a related transaction in the Primary Entry Book to be certain that the title was issued on the basis of a duly registered document;

10. Check the Enumeration Book or logbook which contains information on the personnel assigned to prepare the title on a certain date and the serial number of the judicial form used;

11. Check the Releasing Book if there was a title of  such number that was released by the registry on that certain date;

12. Of necessary, trace the history of the title to determine the genuineness of its source.  This may entail going back to the mother title, the derivative titles and relevant documents.

13. If necessary, trace the history of the title to determine the genuineness of its source.  This may entail going back to the mother title, the derivative titles and relevant documents.

Source : Land Registration Authority (http://lra.gov.ph/files/guidefake.htm)

DEAL ONLY WITH LICENSED BROKERS

The real estate industry has evolved through the years to become as among the most regulated industry in the Philippines. This is understandable particularly when the real estate boom of the 70's and 80's has produced quite a number of real estate agents even without being licensed to broker real estate deals. As a result, the public had been unduly exposed to overpricing, unprofessional advise, amateur deals, fly by night sales, and other unpleasant and sometimes fatal experiences with these kind of unlicensed real estate sales people. While the unlicensed comprise the bulk of real estate sales networking, they are also responsible for most of the failed deals.

Under existing laws, the Professional Regulations Commission had been tasked to insure that only those are qualified and competent to deal in real estate transactions shall be given the requisite license. Therefore, apart from consultants, appraisers and brokers, salespersons must go through the process of licensing.

If you, as a buyer or as a seller of real property would want to be assured of a fair and legitimate deal, then talk to a licensed broker. They are bonded and have undergone several hours of training aside from the passing the mandatory government examination. They are not fly-by-night dealers and the PRC has made sure that appropriate documentation have been accomplished before license is issued.

Deal with licensed real estate brokers, ask for their PRC License. They will be glad and more than willing to show the license to you. Besides, not all has one.

NO TO FLYOVER, NO TO HIGH RISE !

When buying a residential house or a property, it would really be prudent enough to look into several concerns which may be helpful in making a decision. They are as follows:

1) What are my objectives in buying a residential house or a property? Remember if it is purely for residential purposes you are aiming at, then make sure that the property is located in a residential zone with any potential to become a commercial area. An example is a famous area in Quezon City. It was originally intended to be a purely residential area. But now, restaurants, stores, banks, shops, and medium to high rise buildings have sprouted.

2) Even if no such potential of becoming a commercial area exists, will that property be affected in the present time or in the future by the need to meet the demands of development. An example is the C5 area and those along the Valle Verde area. There seems to be a plan to build a flyover and that is being opposed by the residents in the area. Another is in Tandang Sora, where residents and informal settlers must now resettle or relocate for the same reason.

3) Will the development be continuously sustained and progressive? If I buy a house or a townhouse, what is my assurance that other in my neighborhood will continuously care for their property and maintain its aesthetic fitness?

4) How is the water system and supply? Is the area within a faultline or is it flood prone? How is the drainage and sewerage systems? What about peace and order? Is there sufficient security provisions? Where is the nearest police station? Fire department? Is there a church or house of worship nearby? Is there a clinic or a hospital, and how far is it from the location of the property I intend to buy? What about schools, market and perhaps, malls or groceries, are they accesible? I may also consider the proximity of banks, gas stations, drugstores, laundrymat, water refilling stations and even fastfood outlets. Of course, I may also want to be near a car repair shop where there is an auto mechanic and towing services available 24/7.

So its not really the only issue of flyovers or high rise buildings which mattters. To be considered are other concerns which eventually will determine the future of the home you intend to be imbued with peace, prosperity and happiness.