Cited Laws
TL;DR — Ruling
WHEREFORE, judgment is hereby rendered: 1. Declaring that the deed of sale, Exhibit A, executed by Marcos Mata in favor of Claro L. Laureta stands and prevails over the deed of sale, Exhibit F, in favor of Fermin Caram, Jr.; 2.
WHEREFORE, judgment is hereby rendered: 1. Declaring that the deed of sale, Exhibit A, executed by Marcos Mata in favor of Claro L. Laureta stands and prevails over the deed of sale, Exhibit F, in favor of Fermin Caram, Jr.; 2. Declaring as null and void the deed of sale, Exhibit F, in favor of Fermin Caram, Jr.; 3. Directing Marcos Mata to acknowledge the deed of sale, Exhibit A, in favor of Claro L. Laureta; 4. Directing Claro L. Laureta to secure the approval of the Secretary of Agriculture and Natural Resources on the deed, Exhibit A, after Marcos Mata shall have acknowledge the same before a notary public; 5. Directing Claro L. Laureta to surrender to the Register of Deeds for the City and Province of Davao the Owner's Duplicate of Original Certificate of Title No. 3019 and the latter to cancel the same; 6. Ordering the Register of Deeds for the City and Province of Davao to cancel Transfer Certificate of Title No. T-140 in the name of Fermin Caram, Jr.; 7. Directing the Register of Deeds for the City and Province of Davao to issue a title in favor of Claro L. Laureta, Filipino, resident of Quezon City, upon presentation of the deed executed by Marcos Mata in his favor, Exhibit A, duly acknowledge by him and approved by the Secretary of Agriculture and Natural Resources; and 8. Dismissing the counterclaim and crossclaim of Marcos Mata and Codidi Mata, the counterclaim of Caram, Jr., the answer in intervention, counterclaim and crossclaim of the Mansacas." [1] On appeal by the spouses Mata and Caram, the CA affirmed the aforesaid decision of the CFI. Two (2) separate petitions for review were then filed by the Matas and Caram with this Court. The petition filed by the spouses Mata, docketed as G.R. No. L-29147, was dismissed by the Court for lack of merit on 20 June 1968. Said decision became final and executory on 26 July 1968. Upon the other hand, the petition filed by Caram, docketed as G.R. No. L-28740, was dismissed by the Court on 24 February 1981. [2] Said decision became final and executory on 12 February 1982. Meanwhile, on 23 February 1979, spouses Mata filed with the Court of First Instance (now RTC), Branch 1 of Tagum, Davao del Norte, Civil Case No. 1071 against the Lauretas for recovery of ownership and possession of the subject lot. The spouses Mata alleged that the deed of sale executed between Mata and Laureta involving the subject lot is null and void and/or unenforceable because the same had not been approved by the Secretary of Agriculture and Natural Resources as required by law and as directed by the CFI of Davao in its decision of 29 February 1964 in Civil Case No. 3083, and that said decision could no longer be executed as the same had already prescribed. On 12 February 1983, an alias writ of execution was issued by the CFI enforcing its decision in Civil Case No. 3083. By then, Mata was already dead while his heirs (petitioners) refused to acknowledge the deed of sale in accordance with the said decision. In lieu of t
G.R. No. 179566 -
G.R. No. 179566 -
CaseG.R. No. 188471 - FRANCISCO ALONSO, SUBSTITUTED BY MERCEDES V. ALONSO, TOMAS V. ALONSO AND ASUNCION V. ALONSO, VS. CEBU COUNTRY CLUB, INC., REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE OFFICE OF THE SOLICITOR GENERAL, PUBLIC.D E C I S I O N - Supreme Court E-Library
G.R. No. 188471 -
CaseG.R. NO. 169193 - SPOUSES ILUMINADA CAPITLE AND CIRILO CAPITLE, VS. FORTUNATA ELBAMBUENA AND ROSALINDA C. OLAR. D E C I S I O N - Supreme Court E-Library
G.R. NO. 169193 -