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JUAN FERY v. VS.. MUNICIPALITY OF CABANAPTUAN

This case has been cited 3 times or more.

2008-11-14
CARPIO MORALES, J.
By letter of October 7, 1996 to the general manager of the MCIAA, Lydia Adlawan, acting as attorney-in-fact of the original owners of Lot No. 988, demanded to repurchase the lot at the same price paid at the time of the taking, without interest, no structures or improvements having been erected thereon and the Cebu Lahug Airport having been closed and abandoned, hence, the purpose for which the lot was acquired no longer existed.[1]
2006-06-30
CHICO-NAZARIO, J.
When real property has been acquired for public use unconditionally, either by eminent domain or by purchase, the abandonment or non-use of the real property, does not ipso facto give to the previous owner of said property any right to recover the same (Fery vs. Municipality of Cabanatuan, 42 Phil. 28).[18] In reversing the trial court, the Court of Appeals called attention to the fact that both parties cited Fery v. Municipality of Cabanatuan,[19] which the trial court also relied on in its Decision.  The court a quo agreed in Gopuco's interpretation of Fery that when the CFI in Civil Case No. R-1881 held that,
2005-06-30
CHICO-NAZARIO, J.
Municipality of Cabanatuan, 42 Phil. 28).[18] In reversing the trial court, the Court of Appeals called attention to the fact that both parties cited Fery v. Municipality of Cabanatuan,[19] which the trial court also relied on in its Decision. The court a quo agreed in Gopuco's