Heirs of Leopoldo Vencilao, Sr. vs. Court of Appeals, Spouses Sabas Gepalago, G.R. No. 123713, April 1, 1998

Fact:

Both petitioner and respondent claim ownership over a 3,625 sq.m land located at Bohol. Petitioner claims ownership by virtue of inheritance from their father who, during his lifetime took an uninterrupted possession over the land, declared the property for taxation purpose and religiously paid the real estate tax. The respondent claims ownership as registered owner of said lot as a portion of the lot owned by Pedro Luspo who mortgaged his land to PNB and subsequently was foreclosed. The respondents won as the highest bidder and they became the owner of that portion of land. The lower court ruled in favor to the petitioners holding that they were in continuous possession and cultivating the land for more than 30 years. Thus they acquired the land by prescription. Although a Torrens Title is indefeasible and not subject for prescription it is not when the respondents purchased the land from PNB with prior knowledge that the land was in possession of the petitioner’s father. Upon appeal the CA reversed the court ruling and declared the petitioners as the true owners of the property.

People v Agbayani 284 SCRA 315 (1998)

Facts: The appellant was charged for raping his 14-year old daughter and was found guilty of the crime of rape. A motion for a new trial was filed before the court by the new counsel of the accused assailing the irregularities prejudicial to the substantial rights of the accused invoking the failure of the court to inform the accused of his right to choose his own counsel and the violation of the appellants right for a 2 day preparation for trial.

Issue: Whether or not the failure of the record to disclose affirmatively that the trial judge advised the accused of the right to have counsel is sufficient ground to reverse the judgment of conviction and to send the case back for a new trial.