#phlaw

𝐂𝐚𝐧 𝐭𝐡𝐞 𝐡𝐞𝐢𝐫𝐬 𝐨𝐟 𝐁𝐚𝐲𝐨𝐠-𝐀𝐧𝐠 𝐚𝐜𝐪𝐮𝐢𝐫𝐞 𝐨𝐰𝐧𝐞𝐫𝐬𝐡𝐢𝐩 𝐨𝐟 𝐭𝐡𝐞 𝐩𝐚𝐫𝐜𝐞𝐥 𝐭𝐡𝐫𝐨𝐮𝐠𝐡 𝐬𝐮𝐜𝐜𝐞𝐬𝐬𝐢𝐨𝐧, 𝐠𝐢𝐯𝐞𝐧 𝐭𝐡𝐚𝐭 𝐭𝐡𝐞 𝐝𝐞𝐜𝐞𝐝𝐞𝐧𝐭 𝐡𝐚𝐝 𝐚𝐥𝐫𝐞𝐚𝐝𝐲 𝐬𝐨𝐥𝐝 𝐭𝐡𝐞 𝐥𝐚𝐧𝐝 𝐝𝐮𝐫𝐢𝐧𝐠 𝐡𝐢𝐬 𝐥𝐢𝐟𝐞𝐭𝐢𝐦𝐞?

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The land in question was originally owned by Ciriaco Bayog-Ang. He sold a 10,838 sqm portion to Florence Quinones in February 1964, with evidence of a notarized Deed of Absolute Sale. After Ciriaco Bayog-Ang’s death, his heirs executed an extrajudicial settlement of estate in 1996, claiming the same parcel as part of the inheritance and obtained a new TCT in their names.

Can the heirs of Bayog-Ang acquire ownership of the parcel through succession, given that the decedent had already sold the land during his lifetime?

The Supreme Court said that the sale to Quinones transferred the ownership. The land did not form part of the estate to be inherited by their heirs. The heirs cannot claim ownership by succession. Article 776 “The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. Since Ciriaco had already conveyed the parcel to Quinones, the heirs could not inherit that portion. The registration of property under the heirs name is not a mode of acquiring ownership, it merely provides notice.

What will be the next step since the heir transferred the parcel to their name?

One of the organization at my school posted a Game of Thrones meme relating to the upcoming release of grades. A professor left a comment which says, “Ang sexy na ng grades puro curve na kasi”. This comment gained a lot of remarks and laughs. Curve means grade adjustments that a professor usually does to pass a certain class or number of students when almost everyone failed. 

As I read the said comment and its growing thread, I can’t help but wonder whether my Tax 1 professor will adjust our grades. The pessimistic side of myself told me that even if she adjusted the grades I still won’t pass.

Tax 1 was my greatest waterloo at Law School. I struggled so much on that subject simply because my professor expected us to memorize every principles, definitions and enumerations word by word. Memorization is easy when you UNDERSTAND what you are storing inside your head. Unfortunately I am forced to memorize just so I can answer her recitations and exams. 

The burden became more heavy when I was hired as a Legal Researcher. The workload is not burdensome nor the office/boss itself. The problem was “ME”. Still I fought, giving up was the best option I had at the back of my mind. 

The results of my midterms exam was a shock to me. I passed but just because she adjusted the passing grades so all of us in her class can pass. I was happy and even proud at myself because I am not one of the bottom five (students who still after the grade adjustment failed to make it).

Final exams came, the fire burning inside me and the will that I can make it to Tax 2 suddenly died after reading all of the questions. As I tried to answer (guess, guess, and guess) all of the MCQ’s, half of my brain was plotting my second semester schedule including Tax 1. Quarter of my brain was providing me a number of excuses why is it okay to fail this subject after every effort I made. Indeed, only a quarter of my brain functioned as I answer my exam.

I went home crying out loud telling my parents that I have failed my Tax 1 and that I am going to extend another semester. Mom said it was fine but Dad walked out and went to his ‘comfort zone’ after his calm yet sarcastic rebukes. 

My heart was aching at the thought that my parents needs to sacrifice more sweat and blood just so I can finish Law School. 

January 2017 came and so were the grades. I immediately went to the Registrar’s office to see my results to placate my growing anxiety. 

While I was at the queue with my friend, a fourth year student before us was anticipating her failure to Tax Rev. We have the same professor and it gave me a clue that our professor gave the grades already. She was right, she did fail.

oh okay