Escolar Documentos
Profissional Documentos
Cultura Documentos
P R O P E RT Y
SARMIENTO vs AGANA
1. Before Ernesto Valentino and Rebecca Lorenzo wed,
Rebecca's mother had told Ernesto that they could build a
residential house on a lot of 145 sqm in Paranaque. In
1967, Ernesto did construct a residential house on the
land at a cost of P8,000.00 - P10,000.00on the
assumption that the wife's mother was the owner of the
land and that somehow it would be transferred to the
spouses.
2. It subsequently turned out that the land had been titled
in the name of Mr. & Mrs. Jose C. Santo, Jr. who, on
September 1974 sold the same to petitioner Sarmiento.
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IGNAO vs IAC
1. Petitioner Florencio Ignao and his uncles private
respondents Juan Ignao and Isidro Ignao were co-owners
of a parcel of land with an area of 534sqm situated in
Kawit, Cavite. Pursuant to an action for partition filed by
petitioner the then CFI directed the partition of the
aforesaid land, alloting 133.5sqm to private respondents
Juan and Isidro, and giving the remaining portion with a
total area of 266.5sqm to petitioner Florencio. However,
no actual partition was ever effected.
2. On July 1978, petitioner instituted a complaint for
recovery of possession of real property against private
respondents Juan and Isidro, alleging that the area
occupied by the two houses built by private respondents
exceeded the 133.5sqm previously alloted to them by the
TC.
3. LC found that the houses of Juan and Isidro actually
encroached upon a portion of the land belonging to
Florencio. Upon agreement of the parties, TC conducted a
survey which disclosed that the house of Juan occupied
42sqm while that of Isidro occupied 59sqm of Florencio's
land or a total of 101sqm.
4. TC ruled that although private respondents occupied a
portion of Florencio's property, they should be considered
C I V R E V. P R O P E RT Y
TECHNOGAS PHILS vs CA
1. Plaintiff-Technogas Phils (herein petitioner) which is a
corporation duly organized and existing under and by
virtue of Philippine laws is the registered owner of a parcel
of land situated in Paraaque, Metro Manila known as Lot
4531-A of Lot 4531. The said land was purchased by
plaintiff from Pariz Industries, Inc, together with all the
buildings and improvements thereon.
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17. CTTEI was acting within its authority as the sole real
estate representative of petitioner when it made the
delivery to Kee. In acting within its scope of authority, it
was, however, negligent. It is this negligence that is the
basis of petitioner's liability, as principal of CTTEI, per
Articles 1909 and 1910 of the Civil Code.
ORQUIOLA vs CA
1. Pura Kalaw Ledesma was the registered owner of Lot
689 in Tandang Sora, Quezon City. This parcel of land
was adjacent to certain portions of Lot 707 of the Piedad
Estates, namely, Lot 707-A and 707-B, registered in the
name of Herminigilda Pedro.
2. Herminigilda sold Lot 707-A and 707-B to Mariano
Lising who then registered both lots and Lot 707-C in the
name of M.B. Lising Realty and subdivided them into
smaller lots.
3. Certain portions of the subdivided lots were sold to third
persons including herein petitioners, spouses Victor and
Honorata Orquiola, who purchased a portion of Lot 707-A2, Lot 5, which is now #33 Doa Regina St., Regina
Village, Tandang Sora, Quezon City.
4. Sometime in 1969, Pura Kalaw Ledesma filed a
complaintin RTC Quezon City against Herminigilda Pedro
and Mariano Lising for allegedly encroaching upon Lot
689. During the pendency of the action, Tandang Sora
Development Corporation replaced Pura Kalaw Ledesma
as plaintiff by virtue of an assignment of Lot 689 made by
Ledesma in favor of said corporation.
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