December 1980 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence

Philippine Supreme Court Jurisprudence > Year 1980 > December 1980 Decisions > G.R. No. L-23494 December 19, 1980 - ALFREDO CATOLICO v. FLORENCIO DEUDOR:

SECOND DIVISION

[G.R. No. L-23494. December 19, 1980.]

ALFREDO CATOLICO and SATURNINA K. CATOLICO, Plaintiffs-Appellants, v. FLORENCIO DEUDOR, J.M. TUASON & CO., INC., and GREGORIO ARANETA, INC., Defendants-Appellees.

SYNOPSIS

The appellant spouses Alfredo and Saturnina Catolico seek to compel the defendant corporations to sell to them a parcel of land situated in Barrio Tatalon, Quezon City, with an area of 1,675 square meters, which said appellants allegedly bought from Milagros Araulio who, in turn, acquired the same from the defendant Florencio Deudor with whom the defendant corporations had made a compromise agreement concerning the Tatalon Estate. The trial court dismissed the complaint on January 8, 1963 upon the grounds that the action is barred by a prior judgment and that the complaint states no cause of action. Hence, this appeal. However during the pendency of the appeal appellant’s sold subject property to the spouses Lapuz to whom appellee corporations have sold the property in question.

The Supreme Court ruled that the present appeal has become moot and academic, in view of the merger of rights and interests in the persons of spouses Lopez and since the Tatalon Estate of which the property in question forms part has been expropriated by the government for sale at cost of the lots therein to their bona fide occupants, the continuance of the action was rendered unnecessary.

The appeal is dismissed.

SYLLABUS

1. REMEDIAL LAW; APPEAL; RENDERED MOOT AND ACADEMIC BY MERGER OF RIGHTS AND INTERESTS OF APPELLANTS IN SUCCESSORS-IN-INTEREST OF APPELLEES; CASE AT BAR. — Where the appellant spouses sold their rights and interests over the house and lot involved in this litigation to the spouses Benjamin and Emilia Lapuz, the same persons to whom the defendant corporations have sold the property such that there is a merger of rights and interests, the present appeal is rendered moot and academic. Moreover, the Tatalon Estate of which the property in question forms part has been expropriated by the government for sale at cost to bona fide occupants. Hence, the condemnation proceedings of the Tatalon Estate rendered continuance of the action unnecessary since a judgment in favor of the appellants cannot be enforced.

D E C I S I O N

CONCEPCION, JR., J.:

Appeal from the order of the Court of First Instance of Rizal, Quezon City Branch, dated January 8, 1963, dismissing the appellant’s complaint in Civil Case No. Q-5978.chanrobles virtual lawlibrary

In the said complaint, filed on August 26, 1961, the appellant spouses Alfredo and Saturnina Catolico seek to compel the defendant corporations to sell to them a parcel of land situated in Barrio Tatalon, Quezon City, with an area of 1,675 square meters, which the said appellants allegedly bought from Milagros Araulio who, in turn, acquired it from the defendant Florencio Deudor with whom the defendant corporations had made a Compromise Agreement in Civil Case No. Q-135 of the Court of First Instance of Rizal, Quezon City Branch, concerning the Tatalon Estate. 1

After hearing the affirmative defenses and the motion to dismiss, the trial court dismissed the complaint on January 8, 1963 upon the grounds that the action is barred by a prior judgment and that the complaint states no cause of action. 2 Whereupon, the plaintiffs appealed.

On April 2, 1964, however, the appellant spouses sold their rights and interests over the house and lot involved in this litigation to the spouses Benjamin and Emilia Lapuz, the same persons to whom the defendant corporations have sold the property such that there is now a merger of rights and interests, disputed by the parties in this case, in the persons of the spouses Benjamin and Emilia Lapuz, 3 thus rendering the present appeal moot and academic.chanrobles.com.ph : virtual law library

Anyhow, the Tatalon Estate of which the property in question forms part, has been expropriated by the government for the sale, at cost, of the lots therein to their bona fide occupants, 4 and on September 9, 1980, the President personally distributed the title to each lot to its bona fide applicant. The condemnation proceedings of the Tatalon Estate rendered continuance of the action unnecessary since a judgment in favor of the appellants cannot be enforced.

WHEREFORE, the appeal should be, as it is hereby dismissed. No costs.

SO ORDERED.

Barredo, Aquino, Abad Santos and De Castro, *, JJ., concur.

Endnotes:

1. Record on Appeal, pp. 8-33.

2. Id., pp. 237-244.

3. Rollo, pp. 16-38.

4. Republic Act No. 2616; LOI No. 34, October 27, 1972!

* Mr. Justice Pacifico P. de Castro, a member of the First Division, was designated to sit in the Second Division.

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