Back to Search
JurisprudenceG.R. No. 186264 -

G.R. No. 186264 - DR. LORNA C.FORMARAN, VS. DR. GLENDA B. ONG AND SOLOMON S. ONG.D E C I S I O N - Supreme Court E-Library

Share:

TL;DR — Ruling

WHEREFORE, in the (sic) light of the foregoing, the assailed Decision is REVERSED AND SET ASIDE . The Complaint of appellee Lorna C. Formaran is DISMISSED . The appellee, her agents or representatives are ORDERED to vacate the land in question and to restore the same to appellants.

Decision

Ruling

WHEREFORE, in the (sic) light of the foregoing, the assailed Decision is REVERSED AND SET ASIDE . The Complaint of appellee Lorna C. Formaran is DISMISSED . The appellee, her agents or representatives are ORDERED to vacate the land in question and to restore the same to appellants. The facts adopted by both the trial court and the Court of Appeals are summarized thus: According to plaintiff (Petitioner)'s complaint, she owns the afore-described parcel of land which was donated to her intervivos by [her] uncle and aunt, spouses Melquiades Barraca and Praxedes Casidsid on June 25, 1967; that on August 12, 1967 upon the proddings and representation of defendant (Respondent) Glenda, that she badly needed a collateral for a loan which she was applying from a bank to equip her dental clinic, plaintiff made it appear that she sold one-half of the afore- described parcel of land to the defendant Glenda; that the sale was totally without any consideration and fictitious; that contrary to plaintiffs agreement with defendant Glenda for the latter to return the land, defendant Glenda filed a case for unlawful detainer against the plaintiff who consequently suffered anxiety, sleepless nights and besmirched reputation; and that to protect plaintiffs rights and interest over the land in question, she was constrained to file the instant case, binding herself to pay P50,000.00 as and for attorney's fees. In an answer filed on December 22, 1997, defendant Glenda insisted on her ownership over the land in question on account of a Deed of Absolute Sale executed by the plaintiff in her favor; and that plaintiffs claim of ownership therefore was virtually rejected by the Municipal Circuit Trial Court of Ibaja-Nabas, Ibajay, Aklan, when it decided in her favor the unlawful detainer case she filed against the plaintiff, docketed therein as Civil Case No. 183. Defendants are also claiming moral damages and attorneys fees in view of the filing of the present case against them. Plaintiffs testimony tends to show that the land in question is part of the land donated to her on June 25, 1967 by spouses Melquiades Barraca and Praxedes Casidsid, plaintiffs uncle and aunt, respectively. As owner thereof, she declared the land for taxation purposes (Exhibits A-1 to A-5, inclusive). She religiously paid its realty taxes (Exhibit A-6). She mortgaged the land to Aklan Development Bank to secure payment of a loan. In 1967, defendant Glenda and her father, Melquiades Barraca came to her residence asking for help. They were borrowing one-half of land donated to her so that defendant Glenda could obtain a loan from the bank to buy a dental chair. They proposed that she signs an alleged sale over the said portion of land. Acceding to their request, she signed on August 12, 1967 a prepared Deed of Absolute Sale (Exhibit C) which they brought along with them (TSN, p. 22, Ibid), covering the land in question without any money involved. There was no monetary consideration in exchange