Cited Laws
TL;DR — Ruling
WHEREFORE , the [P]etition is GRANTED and the RTC [D]ecision dated 06 May 1999 and the RTC [O]rder dated 03 August 1999 are hereby REVERSED and SET ASIDE, and corollarily, the MCTC [D]ecision is AFFIRMED.” [5] The assailed Resolution denied petitoners’ Motion for Reconsideration. The Facts The factual antecedents are summarized by the CA as follows: “In a [C]omplaint for Forcible Entry with Damages filed on 27 September 1997 before the Fifth Municipal Circuit Trial Court of Carmona and Gen.
WHEREFORE , the [P]etition is GRANTED and the RTC [D]ecision dated 06 May 1999 and the RTC [O]rder dated 03 August 1999 are hereby REVERSED and SET ASIDE, and corollarily, the MCTC [D]ecision is AFFIRMED. [5] The assailed Resolution denied petitoners Motion for Reconsideration. The Facts The factual antecedents are summarized by the CA as follows: In a [C]omplaint for Forcible Entry with Damages filed on 27 September 1997 before the Fifth Municipal Circuit Trial Court of Carmona and Gen. Mariano Alvarez, plaintiffs therein, x x x Pedro Laurora and Leonora Laurora [herein petitioners] alleged that they [were] the owners of Lot 1315-G, SWD-40763 of the Yaptinchay Estate with an area of 39,771 sq. meters and located in Carmona, Cavite. Pedro Laurora planted trees and has possessed the land up to the present. On 15 September 1997, [respondents] Sterling Technopark III and S.P. Properties, Inc. x x x through their Engr. Bernie Gatchalian bulldozed and uprooted the trees and plants, and with the use of armed men and by means of threats and intimidation, succeeded in forcibly ejecting [petitioners]. As a result of their dispossession, [petitioners] suffered actual damages in the amount of P3,000,000.00 and P10,000.00 as attorneys fees. In their [A]nswer to the [C]omplaint, [respondents] averred that [petitioners were] not the owners of the land because they disposed of it sometime in 1976 as shown by legal documents. On 02 April 1969, the Land Authority issued an order of award in favor of [petitioners], approving the application of Pedro Laurora to buy the subject Lot 1315-G from the government. On 01 March 1974, [petitioners] requested the Department of Agrarian Reform for the transfer of the lot to Juan Manaig. Favorably acted upon, the DAR issued a permit to transfer dated 03 June 1975 through its Regional Director Benjamin R. Estrellado. On 03 July 1975, Juan Manaig, as transferee and buyer, paid the required amount of P10,643.65 under Official Receipt No. 8304707 to the government as full payment for the transfer of said lot to him. On 26 March 1976, the [petitioners] as sellers and witnessed by their sons, Efren Laurora and Dominador Laurora, executed a Kasulatan ng Paglilipatan ng Lupa transferring the land to Juan Manaig as buyer. On 11 June 1976, the [petitioners] again witnessed by their sons, Efren and Dominador, executed a Kasulatan ng Bilihang Tuluyan or Deed of Sale wherein they sold Lot 1315-G including all improvements therein, in favor of Juan Manaig. The Deed of Absolute Sale was approved by the Department of Agrarian Reform on 14 June 1976 in DAR Approval of Transfer of Rights signed by DAR Regional Director, Benjamin R. Estrellado. After the approval of the sale from the [petitioners] to Juan Manaig, the latter paid its real estate taxes. The tax declarations of the land in the name of its previous owners, Yaptinchays, were cancelled and transferred in the name of [petitioner] Pedro Laurora as owner-transferee. Thereu
G.R. No. 144116 -
G.R. No. 144116 -
CaseG.R. No. 152438 - LOLITA R. AYSON, VS. MARINA ENRIQUEZ VDA. DE CARPIO.D E C I S I O N - Supreme Court E-Library
G.R. No. 152438 -
CaseG.R. No. 236619 - HEIRS OF MANUEL EÑANO, REPRESENTED BY VIRGILIO A. BOTE, VS. SAN PEDRO CINEPLEX PROPERTIES, INC..D E C I S I O N - Supreme Court E-Library
G.R. No. 236619 -