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Showing posts from July, 2019

Case Digest on Obligations and Contracts: Sales - Attachment of Real Estate with Unregistered Sale - Bernardo Valdevieso vs. Candelario Damalerio, et al. G.R. No. 133303

Bernardo Valdevieso vs. Candelario Damalerio, et al.  G.R. No. 133303, February 17, 2005 Facts:  Sometime in 1995, Lorenzo and Elenita Uy sold to petitioner a parcel of land. The property was covered by a TCT in the names of the Uy spouses but the deed of sale to petitioner was not registered. Neither was title to the land transferred to  petitioner immediately but the latter declared the property for taxation purposes.  Sometime in 1996, spouses Damalerio filed with the RTC a complaint for sum of money against the Uy spouses, with application for the issuance of a writ of preliminary attachment, which the trial court issued, by virtue of which the property sold to petitioner that was still in the names of the Uy  spouses was levied. The levy was recorded in the Registry of Deeds and annotated at the back of the TCT. Later, a new TCT was issued in the name of the petitioner, cancelling the previous TCT. The attachment annotated at the back of the title remained in the new t

Case Digest on Obligations and Contracts:Sales - Double Sale - Ruperta Cano and Jesus Carlo Gerard Vda. De Viray v. Sps. Jose and Amelita Usi G.R. No. 192486

Ruperta Cano and Jesus Carlo Gerard Vda. De Viray v. Sps. Jose and Amelita Usi G.R. No. 192486, November 21, 2012 Facts: Lot 733, registered in the name of Mendoza is the subject of this case. Geodetic Engr Fajardo prepared the Fajardo Plan, in which Lot 733 was divided into 6 smaller parcels of differing size dimensions: Lot 733(A-F). Mendoza executed 2 separate deeds of absolute sale, the first, transferring Lot 733-F to Jesus and the second deed conveying Lot 733-A to Sps Viray. Vda. de Viray is the surviving spouse of Jesus. Mendoza, Vda. de Mallari and Sps. Usi, as purported co-owners of Lot 733, executed the 1st Subdivision Agreement (SA) in accordance with Galang Plan. Then they executed the 2nd SA. The subdivision of Lot 733, per the Galang Plan, and the 2 SAs concluded based on that plan, virtually resulted in the loss of the identity of what under the Fajardo Plan were Lot 733-A and Lot 733-F. The Sps. Viray and the late Jesus purchased Lot 733-A and Lot 733-F, respec

Case Digest on Obligations and Contracts: Trusts - Express Trusts - Wilson Go and Peter Go v. Resureccion Bihis G.R. No. 21197

Wilson Go and Peter Go v. Resureccion Bihis G.R. No. 211972, July 22, 2015 Facts: In 1960, Felisa Buenaventura who owns a parcel of land in Quezon City supposedly sold to her daughter Bella and the latter‘s husband Delfin and Felimon Buenaventura the subject property to assist them in obtaining a loan from the GSIS. A new TCT was issued in the name of Bella, Delfin, and Felimon. Sometime in 1970, Felisa wrote a letter to Bella and Delfin reiterating therein the reason why she allowed the transfer of the title in their names. In the same letter, Felisa stated that she wanted that all her properties including the subject land to be divided equally among her heirs. Upon Felisa's death in 1994, the Bihis Family, Felisa's other heirs who have long been occupying the subject property, caused the annotation of their adverse claim over the same on TCT. Subsequently, however, or on January 22, 1997, the said annotation was cancelled, and the next day, the Heirs of Felimon, S