SUPREME COURT DECISIONS

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Endnotes:


1 Per Justice Alfredo Marigomen and concurred in by Justices Santiago M. Kapunan and Cancio C. Garcia.

2 Dated March 30, 1992.

3 Dated May 16, 1991.

4 Based on the decision of the Regional Trial Court of Malolos, Bulacan, Branch 15, in Civil Case No. 225-M-91, the lot was originally owned by Marcos Gloria, private respondents maternal uncle. Marcos died single and without issue. Hence, the land was divided equally (308 sq. m. each) among his six brothers and sisters, namely, Emilia (mother of private respondent) Maria, Felipa, Segunda, Manuel, and Enrique. It appears that before the demise of her mother, private respondent bought the shares of Segunda and Manuel and placed it in the name of her mother Emilia, thus increasing the latters share to 924 sq. m. Upon the death of Emilia, her four children (private respondent, Jose, Maria, and Emilio) succeeded to her portion of the land, each of them getting 231 sq. m. Maria and Emilio waived their rights to their respective 231 sq. m. shares in favor of private respondent, thus effectively giving the latter 693 sq. m. Joses (petitioners deceased husband) shares of 231 sq. m. portion of the lot is not disputed. On November 5, 1987, the Register of Deeds of Bulacan issued OCT No. P-397-C (covering an area of 693 sq. m.) in the name of private respondent. On the same day, she was also issued OCT No. P-398-C (covering an area of 616 sq. m.) since she had purchased the shares of her aunts, Felipa and Maria, of 308 sq. m. each.

5 CA Decision, p. 2, Rollo, p. 17.

6 Ibid.

7 The records indicate that this case was likewise dismissed by the trial court on June 20, 1994. See Rejoinder to Petitioners Reply, Annex A; Rollo, pp. 79-85.

8 CA Decision, p. 3; Rollo, p. 18.

9 The records variably indicate 698 sq. m. and 693 sq. m. as the area covered by OCT No. P-397-C. (See Rollo, pp. 8, 17, 79 and 80). However, the figure 693 sq. m. appears to be more consistent with the facts.

10 Petition, pp. 4-5; Rollo, pp. 10-11.

11 174 SCRA 517, 522 (1989).

12 153 SCRA 412, 417-418 (1987).

13 174 SCRA at 519-520.

14 258 SCRA 347, 360 (1996) (emphasis added).

15 258 SCRA 365.

16 Ganadin v. Ramos, 99 SCRA 613, 621-622 (1980).




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