ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-2001 Jurisprudence                 

  • G.R. No. 137968 November 6, 2001 - PEOPLE OF THE PHIL. v. ALEJANDRE DELOS SANTOS

  • G.R. Nos. 123138-39 November 8, 2001 - PEOPLE OF THE PHILS. v. HONESTO LLANDELAR

  • A.M. MTJ-01-1375 November 13, 2001 - REPORT ON THE JUDICIAL AUDIT IN THE MTCs of CALASIAO. BINMALEY

  • A.M. No. RTJ-00-1601 November 13, 2001 - ELIEZER A. SIBAYAN-JOAQUIN v. ROBERTO S. JAVELLANA

  • G.R. No. 104629 November 13, 2001 - PEOPLE OF THE PHIL. v. JULIUS KINOK

  • G.R. No. 134498 November 13, 2001 - CELIA M. MERIZ v. PEOPLE OF THE PHIL

  • G.R. Nos. 135454-56 November 13, 2001 - PEOPLE OF THE PHIL v. RODERICK SANTOS

  • A.M. No. CA-01-10-P November 14, 2001 - ALDA C. FLORIA v. CURIE F. SUNGA, ET AL.

  • A.M. No. P-01-1518 November 14, 2001 - ANTONIO A. ARROYO v. SANCHO L. ALCANTARA

  • G.R. No. 122736 November 14, 2001 - PEOPLE OF THE PHIL. v. FROILAN PADILLA

  • G.R. No. 123819 November 14, 2001 - PEOPLE OF THE PHIL. v. STEPHEN MARK WHISENHUNT

  • G.R. No. 133877 November 14, 2001 - RIZAL COMMERCIAL BANKING CORPORATION v. ALFA RTW MANUFACTURING CORPORATION

  • G.R. No. 133910 November 14, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE VIRREY y DEHITO

  • G.R. No. 135511-13 November 14, 2001 - THE PEOPLE OF THE PHILIPPINES v. ENTICO MARIANO y EXCONDE

  • G.R. No. 137613 November 14, 2001 - PEOPLE OF THE PHIL. v. ROSALITO CABOQUIN

  • G.R. No. 138914 November 14, 2001 - PEOPLE OF THE PHIL. v. EFREN MANTES, ET AL.

  • G.R. No. 142870 November 14, 2001 - PEOPLE OF THE PHIL. v. DINDO F. PAJOTAL, ET AL.

  • G.R. Nos. 143513 & 143590 November 14, 2001 - POLYTECHNIC UNIVERSITY OF THE PHILIPPINES v. COURT OF APPEALS and FIRESTONE CERAMICS

  • A.M. No. RTJ-00-1599 November 15, 2001 - TRANQUILINO F. MERIS v. JUDGE FLORENTINO M. ALUMBRES

  • G.R. No. 123213 November 15, 2001 - NEPOMUCENA BRUTAS v. COURT OF APPEALS, ET AL.

  • G.R. No. 126584 November 15, 2001 - VALLEY LAND RESOURCES, INC., ET AL. v. VALLEY GOLF CLUB INC.

  • G.R. No. 127897 November 15, 2001 - DELSAN TRANSPORT LINES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129018 November 15, 2001 - CARMELITA LEAÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 136017 November 15, 2001 - PEOPLE OF THE PHIL. v. JERRY BANTILING

  • G.R. No. 136143 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. AGAPITO CABOTE a.k.a. "PITO"

  • G.R. No. 137255 November 15, 2001 - PEOPLE OF THE PHIL. v. NOEL MAMALAYAN, ET AL.

  • G.R. No. 137369 November 15, 2001 - PEOPLE OF THE PHILIPPINES v. ALIAS KOBEN VISTA

  • G.R. No. 141811 November 15, 2001 - FIRST METRO INVESTMENT CORPORATION v. ESTE DEL SOL MOUNTAIN RESERVE

  • G.R. No. 145275 November 15, 2001 - COMMISSIONER OF INTERNAL REVENUE v. LA CAMPANA FABRICA DE TABACOS

  • G.R. No. 148326 November 15, 2001 - PABLO C. VILLABER Petitioner v. COMMISSION ON ELECTIONS and REP. DOUGLAS R. CAGAS

  • A.M. No. MTJ-01-1382 November 16, 2001 - MARIO W. CHILAGAN v. EMELINA L. CATTILING

  • A.M. No. P-00-1411 November 16, 2001 - FELICIDAD JACOB v. JUDITH T. TAMBO

  • G.R. No. 120274 November 16, 2001 - SPOUSES FRANCISCO A. PADILLA and GERALDINE S. PADILLA v. COURT OF APPEALS and SPOUSES CLAUDIO AÑONUEVO and CARMELITA AÑONUEVO

  • G.R. No. 127003 November 16, 2001 - THE PEOPLE OF THE PHIL v. FAUSTINO GABON

  • G.R. Nos. 132875-76 November 16, 2001 - PEOPLE OF THE PHIL. v. ROMEO G. JALOSJOS

  • G.R. No. 132916 November 16, 2001 - RUFINA TANCINCO v. GSIS, ET AL.

  • G.R. No. 133437 November 16, 2001 - PEOPLE OF THE PHILIPPINES v. RONALD SAMSON

  • G.R. No. 134486 November 16, 2001 - PEOPLE OF THE PHIL. v. CLEMENTE DAYNA

  • G.R. No. 135038 November 16, 2001 - ROLANDO Y. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 142654 November 16, 2001 - PEOPLE OF THE PHIL v. ROLANDO MENDOZA

  • G.R. No. 143802 November 16, 2001 - REYNOLAN T. SALES v. SANDIGANBAYAN, ET AL.

  • G.R. No. 129175 November 19, 2001 - RUBEN N. BARRAMEDA, ET AL. v. ROMEO ATIENZA, ET AL.

  • G.R. No. 130945 November 19, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CONDINO

  • G.R. No. 132724 November 19, 2001 - PEOPLE OF THE PHILIPPINES v. RENIEL SANAHON

  • G.R. Nos. 138358-59 November 19, 2001 - PEOPLE OF THE PHIL. v. CLAUDIO B. DELA PEÑA

  • G.R. No. 138661 November 19, 2001 - PEOPLE OF THE PHIL. v. JERSON E. ACOJEDO

  • G.R. No. 140920 November 19, 2001 - JUAN LORENZO B. BORDALLO, ET AL. v. THE PROFESSIONAL REGULATIONS COMMISSION AND THE BOARD OF MARINE DECK OFFICERS

  • G.R. No. 148560 November 19, 2001 - JOSEPH EJERCITO ESTRADA v. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES

  • G.R. No. 91486 November 20, 2001 - ALBERTO G. PINLAC v. COURT OF APPEALS, ET AL.

  • G.R. No. 122276 November 20, 2001 - RODRIGO ALMUETE ET AL., v. MARCELO ANDRES, ET AL.

  • G.R. No. 126204 November 20, 2001 - NAPOCOR v. PHILIPP BROTHERS OCEANIC

  • G.R. Nos. 126538-39 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. RODELIO MARCELO

  • G.R. No. 129234 November 20, 2001 - THERMPHIL v. COURT OF APPEALS ET AL.

  • G.R. No. 140032 November 20, 2001 - PEOPLE OF THE PHILIPPINES v. ANGEL C. BALDOZ and MARY GRACE NEBRE

  • G.R. No. 140692 November 20, 2001 - ROGELIO C. DAYAN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

  • G.R. No. 144401 November 20, 2001 - PEOPLE OF THE PHIL. v. JOEL GALISIM

  • A.M. No. MTJ-99-1207 November 21, 2001 - NBI v. FRANCISCO D. VILLANUEVA

  • A.M. No. P- 01-1520 November 21, 2001 - MARILOU A. CABANATAN v. CRISOSTOMO T. MOLINA

  • A.M. Nos. RTJ-00-1561 & RTJ-01-1659 November 21, 2001 - CARINA AGARAO v. Judge JOSE J. PARENTELA

  • G.R. No. 125356 November 21, 2001 - SUPREME TRANSLINER INC. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 132839 November 21, 2001 - ERIC C. ONG v. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 133879 November 21, 2001 - EQUATORIAL REALTY DEVELOPMENT v. MAYFAIR THEATER

  • G.R. No. 136748 November 21, 2001 - PEOPLE OF THE PHIL. v. JUANITO ET AL.

  • G.R. No. 137457 November 21, 2001 - PEOPLE OF THE PHIL. v. ROSAURO SIA

  • G.R. No. 141881 November 21, 2001 - THE PEOPLE OF THE PHILIPPINES v. VIRGILIO BERNABE y RAFOL

  • A.M. No RTJ-01-1664 November 22, 2001 - ALFREDO CAÑADA v. VICTORINO MONTECILLO

  • G.R. No. 109648 November 22, 2001 - PH CREDIT CORPORATION v. COURT OF APPEALS and CARLOS M. FARRALES

  • G.R. Nos. 111502-04 November 22, 2001 - REYNALDO H. JAYLO, ET AL. v. SANDIGANBAYAN

  • G.R. No. 113218 November 22, 2001 - ALEJANDRO TECSON v. HON. COURT OF APPEALS ET AL.

  • G.R. No. 113541 November 22, 2001 - HONGKONG AND SHANGHAI BANKING CORP. EMPLOYEES UNION v. NLRC, ET AL.

  • G.R. No. 118462 November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123893 November 22, 2001 - LUISITO PADILLA , ET AL. v. THE HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 129660 November 22, 2001 - BIENVENIDO P. JABAN and LYDIA B. JABAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 130628 November 22, 2001 - PEOPLE OF THE PHIL. v. PAULINO LEONAR

  • G.R. No. 132743 November 22, 2001 - PEOPLE OF THE PHIL. v. MARCIAL CAÑARES Y ORBES

  • G.R. No. 133861 November 22, 2001 - PEOPLE OF THE PHIL. v. ROBERTO SO

  • G.R. Nos. 135853-54 November 22, 2001 - PEOPLE OF THE PHIL. v. OPENIANO LACISTE

  • G.R. No. 135863 November 22, 2001 - PEOPLE OF THE PHIL. v. VlRGILIO LORICA

  • G.R. Nos. 136317-18 November 22, 2001 - PEOPLE OF THE PHIL. v. EDUARDO YAOTO

  • G.R. No. 136586 November 22, 2001 - JON AND MARISSA DE YSASI v. ARTURO AND ESTELA ARCEO

  • G.R. No. 139563 November 22, 2001 - THE PEOPLE OF THE PHIL.. v. AMADOR BISMONTE y BERINGUELA

  • G.R. Nos. 139959-60 November 22, 2001 - PEOPLE OF THE PHIL. v. DEOGRACIAS BURGOS

  • G.R. No. 141602 November 22, 2001 - PACSPORTS PHILS. v. NICCOLO SPORTS, INC.

  • G.R. No. 142316 November 22, 2001 - FRANCISCO A.G. DE LIANO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143939 November 22, 2001 - HEIRS OF ROSARIO POSADAS REALTY v. ROSENDO.BANTUG

  • G.R. No. 145475 November 22, 2001 - PEOPLE OF THE PHILIPPINES v. EUSEBIO PUNSALAN

  • G.R. No. 145851 November 22, 2001 - ABELARDO B. LICAROS v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 146683 November 22, 2001 - CIRILA ARCABA v. ERLINDA TABANCURA VDA. DE BATOCAEL, ET AL.

  • A.M. No. RTJ-00-1562 November 23, 2001 - CAVITE CRUSADE FOR GOOD GOVERNMENT v. JUDGE NOVATO CAJIGAL

  • G.R. No. 126334 November 23, 2001 - EMILIO EMNACE v. COURT OF APPEALS, ET AL.

  • G.R. No. 128886 November 23, 2001 - PEOPLE OF THE PHIL. v. JESUS JULIANDA, JR., ET AL.

  • G.R. No. 142044 November 23, 2001 - PEOPLE OF THE PHIL. v. TOBECHUKWU NICHOLAS

  • G.R. No. 144309 November 23, 2001 - SOLID TRIANGLE SALES CORPORATION and ROBERT SITCHON v. THE SHERIFF OF RTC QC, ET AL.

  • A.M. No. RTJ-01-1662 November 26, 2001 - VICTOR TUZON v. LORETO CLORIBEL-PURUGGANAN

  • G.R. No. 138303 November 26, 2001 - PEOPLE OF THE PHIL. v. ELROSWELL MANZANO

  • G.R. Nos. 100940-41 November 27, 2001 - PEOPLE OF THE PHILIPPINES v. AGUSTIN LADAO y LORETO, ET AL.

  • G.R. No. 128285 November 27, 2001 - PEOPLE OF THE PHILS. v. ANTONIO PLANA, ET AL.

  • G.R. Nos. 130409-10 November 27, 2001 - PEOPLE OF THE PHIL. v. JOSUE B. DUMLAO

  • G.R. No. 130907 November 27, 2001 - REPUBLIC OF THE PHIL. v. HON. CESAR A MANGROBANG, ET AL.

  • G.R. No. 130963 November 27, 2001 - PEOPLE OF THE PHIL. v. MARIANO PASCUA

  • G.R. No. 133381 November 27, 2001 - PEOPLE OF THE PHIL. v. ROMULO VILLAVER, ET. AL.

  • G.R. No. 140858 November 27, 2001 - SPOUSES PAPA and LOLITA MANALILI v. SPOUSES ARSENIO and GLICERIA DE LEON

  • G.R. No. 142523 November 27, 2001 - MARIANO L. GUMABON, ET AL. v. AQUILINO T. LARIN

  • G.R. No. 144464 November 27, 2001 - GILDA G. CRUZ and ZENAIDA C. PAITIM v. THE CIVIL SERVICE COMMISSION

  • A.M. No. 00-8-05-SC November 28, 2001 - RE: PROBLEM OF DELAYS IN CASES BEFORE THE SANDIGANBAYAN

  • G.R. No. 128516 November 28, 2001 - DULOS REALTY and DEVELOPMENT CORP. v. COURT OF APPEALS, ET. AL.

  • A.M. No. P-01-1485 November 29, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MARIE YVETTE GO, ET AL

  • A.M. No. P-01-1522 November 29, 2001 - JUDGE ANTONIO J. FINEZA v. ROMEO P. ARUELO

  • A.M. No. RTJ-01-1665 November 29, 2001 - ROSAURO M. MIRANDA v. JUDGE CESAR A MANGROBANG

  • G.R. No. 119707 November 29, 2001 - VERONICA PADILLO v. COURT OF APPEALS

  • G.R. No. 121703 November 29, 2001 - NATIVIDAD T. TANGALIN v. COURT OF APPEALS, ET AL.

  • G.R. No. 126524 November 29, 2001 - BPI INVESTMENT CORP. v. D.G. CARREON COMMERCIAL CORP., ET AL.

  • G.R. No. 129282 November 29, 2001 - DMPI EMPLOYEES CREDIT COOPERATIVE v. ALEJANDRO M. VELEZ, ET AL.

  • G.R. Nos. 129609 & 135537 November 29, 2001 - RODIL ENTERPRISES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 130326 & 137868 November 29, 2001 - COMPANIA GENERAL DE TABACOS DE FILIPINAS AND MANILA TOBACCO TRADING v. THE COURT OF APPEALS

  • G.R. Nos. 132066-67 November 29, 2001 - PEOPLE OF THE PHIL. v. BALAS MEDIOS

  • G.R. No. 132133 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. WILLIAM ALPE y CUATRO

  • G.R. No. 136848 November 29, 2001 - PEOPLE OF THE PHIL. v. RENATO T. RAMIREZ

  • G.R. No. 137815 November 29, 2001 - JUANITA T. SERING v. COURT OF APPEALS, ET AL.

  • G.R. No. 138489 November 29, 2001 - ELEANOR DELA CRUZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 139470 November 29, 2001 - PEOPLE OF THE PHIL. v. SPO2 ANTONIO B. BENOZA

  • G.R. No. 140386 November 29, 2001 - PEOPLE OF THE PHIL. v. BENNY ACOSTA

  • G.R. No. 141386 November 29, 2001 - COMMISSION ON AUDIT OF THE PROVINCE OF CEBU v. PROVINCE OF CEBU

  • G.R. Nos. 141702-03 November 29, 2001 - CATHAY PACIFIC AIRWAYS v. NLRC and MARTHA Z. SINGSON

  • G.R. No. 142606 November 29, 2001 - PEOPLE OF THE PHILIPPINES v. NESTOR MUNTA

  • G.R. No. 143127 November 29, 2001 - PEOPLE OF THE PHIL. v. RAUL RUBARES Y CAROLINO

  • G.R. No. 143703 November 29, 2001 - PEOPLE OF THE PHIL v. JOSE V. MUSA

  •  





     
     

    G.R. No. 118462   November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 118462. November 22, 2001.]

    SPS. LEOPOLDO GARRIDO and LUZ GARRIDO, Petitioners, v. COURT OF APPEALS, LOLITA SANCHEZ, ERLINDA AQUINO and EMILIA MARQUEDA, Respondents.

    D E C I S I O N


    DE LEON, JR., J.:


    Before us is a petition for review of the Decision 1 in CA-G.R. CV No. 37961 of the Court of Appeals 2 dated December 21, 1994, modifying the Decision 3 dated March 5, 1992 in Civil Case No. 8773 of the Regional Trial Court of Makati City, Branch 60.

    The established facts as found by the courts a quo are as follows:chanrob1es virtual 1aw library

    The spouses Maria Abaquita and Juan Jimenez owned a parcel of land with an area of Two Hundred Forty-Seven (247) square meters located in Makati City and more particularly described in Transfer Certificate of Title No. 23594 as Lot No. 12, Block 7, PSD-18017. During the lifetime of Maria Abaquita, the tenants thereon (including the respondents in the case at bar) occupied a portion of the lot. They built their own houses and paid rentals to Abaquita. They were:chanrob1es virtual 1aw library

    a) Santiago Espeno Jr. who had been on the lot since 1969. He bought the house of Jose Ordinario for P1,800.00 His monthly rentals rose up gradually from P10.00 to P60.00. He repaired and remodeled the house over a period of five (5) years at a cost of P170,000.00.

    b) Respondent Lolita Sanchez who had been residing on the lot since 1971 in a house which she bought from Ben Reyes. Her monthly rentals also gradually rose from P35.00 to P55.00. She improved the house and the lot at a cost of P50,000.00.

    c) Respondent Emilia Marqueda who started residing on the lot in 1979. She lived with her mother there. In 1974, she bought the house of Regina Jimenez for P200.00. Her monthly rentals gradually rose from P20.00 to P30.00. She also repaired the house and filled up the lot. For such repair and filling, she spent P25,000.00.

    d) Tomasa Aquino who bought a house thereon. Since 1971, her daughter respondent Erlinda Aquino had been living in this house. Like the rest of the tenants, she paid monthly rentals which gradually rose from P20.00 to P30.00. She repaired the house at a cost of P55,000.00.

    After the death of the spouses, Maria Abaquita and Juan Jimenez, their daughter, Regina Jimenez, disputed the ownership of Lot No. 12 with her own daughter, Natividad Evangelista.

    On July 8, 1981, Regina offered one half portion of Lot No. 12 to petitioner Luz Garrido for Forty Thousand Pesos (P40,000.00) in a written document wherein petitioner Luz Garrido was given an option to buy the said portion up to December 31, 1981 for a consideration of Ten Thousand Pesos (P10,000.00). On December 21, 1981, Regina Jimenez and petitioner Luz Garrido modified the terms of the option to buy by increasing the earnest money to Fifteen Thousand Pesos (P15,000.00) and by extending the period to June 30, 1982 within which petitioner Luz Garrido could buy the lot.chanrob1es virtua1 1aw 1ibrary

    Meanwhile, in Civil Case No. 4863 filed before the Regional Trial Court of Makati City, Regina Jimenez and Natividad Evangelista arrived at a compromise agreement wherein they divided the said lot into two (2), namely, Lot No. 12-A and Lot No. 12-B. The trial court approved the compromise agreement in its Decision dated July 27, 1984. On August 20, 1984, Transfer Certificate of Title No. 133479 in the name of Regina Jimenez covering Lot No. 12-A and Transfer Certificate of Title No. 133480 in the name of Natividad Evangelista covering Lot No. 12-B were issued by the Register of Deeds of Makati.

    The houses of the respondent lessees were erected on Lot No. 12-A which particular lot was adjudicated to Regina Jimenez. Lot No. 12-A is located at 2735 South Avenue, Barangay Sta. Cruz, Makati City just a few meters to the left in front of the entrance gate of the Manila South Cemetery along South Avenue. Then, on August 22, 1984, Regina Jimenez sold the said Lot No. 12-A to petitioner Garrido spouses. Pursuant thereto, Transfer Certificate of Title No. 133528 covering the subject lot was issued in favor of the petitioner Garrido spouses. Petitioner Luz Garrido thereafter sent letters all dated August 31, 1984 to the respondent lessees informing them of her ownership over the subject Lot 12-A and requesting that they vacate the same within one hundred twenty (120) days from notification. Petitioner Luz Garrido’s lawyer likewise sent a letter dated January 10, 1985 demanding that the respondent lessees vacate the said lot within ten (10) days from receipt thereof. These letters were duly received by the respondent lessees. However, the respondent lessees did not vacate the lot and even stopped paying rentals.

    On October 18, 1984, the respondent lessees filed a complaint (which was later on amended) for annulment of sale and cancellation of title issued in favor of petitioner Garrido spouses, with a prayer for the issuance of a writ of preliminary injunction. Petitioner Garrido spouses, on the other hand, filed a counterclaim for actual and moral damages. On March 5, 1992, the trial court rendered a Decision in favor of the petitioner Garrido spouses (defendants therein), the dispositive portion of which reads:chanrob1es virtual 1aw library

    ADJUDICATION

    30. The preponderance of the evidence is in favor of the defendants.

    31. WHEREFORE, the Court hereby renders judgment as follows:chanrob1es virtual 1aw library

    31.1. The AMENDED COMPLAINT dated July 23, 1985 is DISMISSED;

    31.2. The writ of preliminary injunction issued per the Order dated November 12, 1984 is LIFTED and DISSOLVED.

    31.3. The Counterclaim for actual, moral and exemplary damages is DISMISSED.

    31.4. The plaintiffs are ordered to pay, jointly and severally, to the defendants, TEN THOUSAND PESOS (P10,000.00) as attorney’s fees.

    31.5. The prayer in the "MOTION . . ." dated November 15, 1985 that the defendants be ordered to pay damages to the plaintiffs is DENIED.

    31.6 Cost is taxed against the plaintiffs.

    32. In chambers, Makati, Metro Manila, March 5, 1992. 4

    The respondent lessees then appealed the decision of the trial court to the Court of Appeals. On December 21, 1994, the appellate court rendered a Decision in favor of the respondent lessees, the dispositive portion of which states:jgc:chanrobles.com.ph

    "WHEREFORE, the judgment appealed from is hereby modified. The dismissal of the complaint as far as Santiago Espeno and Edgardo Nicolas are concerned is hereby affirmed, but reversed with respect to the other plaintiffs. Thus, a new one is rendered as follows: The deed of sale dated August 2, 1984 together with TCT No. 133528 is partially annulled with respect to the area occupied by the other plaintiffs, namely, Lolita Sanchez, Erlinda Aquino and Emilia Marqueda, who should be allowed to purchase the area leased to them to be executed in the following manners to wit:chanrob1es virtual 1aw library

    1. Conformably with the Urban Land Reform Law above-cited, the Urban Zone Expropriation and Land Management Committee is hereby directed to determine the reasonable price and the terms and conditions of the sale of subject property by defendant Regina Jimenez to the plaintiffs within thirty (30) days from the time this decision become final, furnishing the parties with copies thereof.

    2. The plaintiffs are granted a period of thirty (30) days from receipt thereof within which to exercise the right of first refusal in accordance with the terms and conditions fixed by the Urban Zone Expropriation and Land Management Committee.

    3. Should plaintiffs agree thereto, defendant Regina Jimenez is directed to execute within fifteen (15) days from receipt of plaintiffs’ decision in accordance with the terms and conditions above-stated within which to issue the corresponding deeds of sale of subject property and to deliver all other papers necessary therefrom. The expenses for the sale shall be shared proportionately by the parties.

    4. Should plaintiffs refuse to exercise the right of pre-emption, they are directed to pay rentals in arrears at the usual monthly rate agreed upon before the filing of the complaint and to vacate the subject property within fifteen (15) days subject to reimbursement for improvements in accordance with Article 1678 of the New Civil Code.

    The award of attorney’s fees is hereby DELETED.

    No pronouncement as to costs.

    SO ORDERED." 5

    Hence, this petition with the following assignment of errors:chanrob1es virtual 1aw library

    I


    WHETHER OR NOT THE COURT OF APPEALS ERRED IN HOLDING THAT THE QUESTIONED LOT (LOT 12-A LOCATED AT BARANGAY STA. CRUZ, MAKATI, METRO MANILA AND COVERED BY TCT NO. 133528) IS NOT WITHIN THE AREA FOR PRIORITY DEVELOPMENT (APD) PER PROCLAMATION NO. 1967 DATED MAY 14, 1980.

    II


    WHETHER OR NOT THE COURT OF APPEALS ERRED IN HOLDING THAT RESPONDENTS ARE ENTITLED TO THE RIGHT OF FIRST REFUSAL TO PURCHASE UNDER SECTION 6 OF P.D. 1517.

    III


    WHETHER OR NOT THE COURT A QUO ERRED IN HOLDING THAT RESPONDENTS ARE ENTITLED TO THE PARTIAL ANNULMENT OF THE DEED OF SALE DATED AUGUST 2, 1984 TOGETHER WITH TCT NO. 133528. 6

    The principal dispute in the case at bar is whether or not the respondent lessees have a right to pre-emption or right of first refusal to purchase the lot on which their houses are erected, more particularly Lot No. 12-A located at 2735 South Avenue, Barangay Sta. Cruz, Makati City, covered and described in Transfer Certificate of Title No. 133528 registered in the name of petitioner Garrido spouses. As mentioned earlier, the said Lot No. 12-A at 2735 South Avenue, Makati City, is located only a few meters to the left in front of the entrance gate of the Manila South Cemetery along South Avenue. Section 6 of Presidential Decree No. 1517, otherwise known as "The Urban Land Reform Law", provides that:chanrob1es virtual 1aw library

    Section 6. Land Tenancy in Urban Land Reform Areas. — Within the Urban Zones legitimate tenants who have resided on the land for ten years or more who have built their homes on the land and residents who have legally occupied the lands by contract, continuously for the last ten years shall not be dispossessed of the land and shall be allowed the right of first refusal to purchase the same within a reasonable time and at reasonable prices, under terms and conditions to be determined by the Urban Zone Expropriation and Land Management Committee created by Section 8 of this Decree.

    For the purpose of identifying the specific sites covered by the Urban Land Reform, Proclamation No. 1967 dated May 14, 1980 amending Proclamation No. 1893, enumerated the areas for priority development that are covered by Presidential Decree No. 1517. If a particular property is within a declared area for priority development, the qualified lessee of the said property in that area can avail of the right of first refusal to purchase the same in accordance with Section 6 of the said Decree. Hence, the factual question in the case at bar is: whether the area embracing or covering the said Lot No. 12-A on which the respondent lessees’ houses are erected is within a particular area for priority development or "APD" under Proclamation No. 1967 in relation to Presidential Decree (P.D.) No. 1517.

    Section 1 of Rule 45 of the 1997 Rules of Civil Procedure provides that" (T)he petition (for review) shall raise only questions of law which must be distinctly set forth." In consonance with this provision, we have ruled that factual findings of the Court of Appeals are conclusive on the parties and not reviewable by this Court — and they carry even more weight when the Court of Appeals affirms the factual findings of the trial court. As such, this Court is not duty-bound to analyze and weigh all over again the evidence already considered in the proceedings below. 7 However, in order to resolve this case at bar, we are constrained to rule on a factual question inasmuch as the findings of facts of the trial court differ from that of the Court of Appeals. While the trial court holds that the subject Lot No. 12-A is not within any area for priority development, the appellate court believes otherwise and declares that the said lot is covered by APD No. 8. We then have to verify from the records which factual finding on that point of the courts a quo is duly supported by evidence.

    A closer scrutiny and analysis of the record and the evidence adduced show that the appellate court erred in ruling that the subject Lot No. 12-A is located within Barangay Olimpia and covered by APD No. 8. According to the appellate court, while the said lot is not under APD No. 2 as held by the trial court, the same is within APD No. 8 which covers:chanrob1es virtual 1aw library

    Bgy. Olimpia — An area along Pasig Line in front of Manila South Cemetery starting from South Avenue on the northeast up to Pililia Street on the east, bounded by San Fernando Street, Sacramento Street, Jacinto Street, J.B. Roxas Street, San Bernardino Street, Legaspi Street, D. Oliman Street and Baler Street;

    The appellate court erroneously concluded that just because Lot No. 12-A is along South Avenue, Makati City, the same is located within Barangay Olimpia and therefore covered by APD No. 8. However, the record shows that not all the lots located along South Avenue are within Barangay Olimpia. On the other hand, the subject Lot No. 12-A is located at 2735 South Avenue, Makati City, which is within Barangay Sta. Cruz; and as admitted by the parties, the said lot is just in front of and a few meters to the left from the only entrance gate of the Manila South Cemetery along South Avenue. If one stands in front of the said entrance gate, it is evident that the said entrance gate and side of Manila South Cemetery are on the west, and hence in front of Barangay Sta. Cruz where the said Lot No. 12-A is located.chanrob1es virtua1 1aw 1ibrary

    Thus, the appellate court erred when it declared and ruled that the subject Lot No. 12-A is within Barangay Olimpia and covered by APD No. 8. Hence, we agree with the finding of the trial court that the respondent lessees have no right of first refusal or pre-emption, under Section 6 of P.D. 1517, to purchase Lot No. 12-A on which their houses are erected, the said lot being in Barangay Sta. Cruz which is not within any Area for Priority Development (APD) under Proclamation No. 1967 dated May 14, 1980 in relation to P.D. No. 1517. Consequently, the appellate court also erred when it ruled that the herein respondent lessees are entitled to the partial annulment of the Deed of Sale dated August 2, 1984 together with TCT No. 133528 with respect to Lot No. 12-A being occupied by respondent lessees.

    WHEREFORE, the appealed Decision of the Court of Appeals in CA-G.R. CV No. 37961 is hereby REVERSED. The Decision dated March 5, 1992 in Civil Case No. 8773 of the Regional Trial Court of Makati City is REINSTATED. No costs.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Bellosillo, Mendoza, Quisumbing and Buena, JJ., concur.

    Endnotes:



    1. Penned by Associate Justice Oscar M Herrera and concurred in by Associate Justices Angelina S. Gutierrez (now Associate Justice of the Supreme Court) and Ruben T. Reyes; Rollo, pp. 36-48.

    2. Ninth Division.

    3. Penned by Judge Pedro N. Laggui; Rollo, pp. 49-59.

    4. Rollo, pp. 58-59.

    5. Rollo, pp. 46-47.

    6. Rollo, p. 24.

    7. Romago Electric Co., Inc. v. Court of Appeals, 333 SCRA 291, 301 (2000); Borromeo v. Sun, 317 SCRA 176, 182 (1999).

    G.R. No. 118462   November 22, 2001 - LEOPOLDO GARRIDO, ET AL. v. COURT OF APPEALS, ET AL.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED