This case has been cited 4 times or more.
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2010-10-18 |
BRION, J. |
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| Matias cannot rely on the Miscellaneous Sales Application and the local government permit issued in her favor; neither establishes a clear right in favor of Matias over the subject property. A sales application, in the absence of approval by the Bureau of Lands or the issuance of a sales patent, remains simply as an application that does not vest title in the applicant.[28] The local government permit contained only a statement of the local executive that the case between the local government and B. E. San Diego was decided by a trial court in favor of the former.[29] | |||||
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2004-10-13 |
QUISUMBING, J. |
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| In a civil case, the burden of proof is on the plaintiff to establish his case through a preponderance of evidence. If he claims a right granted or created by law, he must prove his claim by competent evidence. He must rely on the strength of his own evidence and not on the weakness of that of his opponent.[24] The private respondents cannot railroad the release of the mortgage through a default order. The determination of the accurate outstanding balance of the private respondents should first be resolved before the release of the subject mortgage can be demanded. In this case, when the evidence during trial proves unsatisfactory and inconclusive as to the full payment of private respondents' obligation to SSS, then the mortgage should not yet be cancelled prematurely. | |||||
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2002-12-27 |
AUSTRIA-MARTINEZ, J. |
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| of assets it took over from NASUTRA/Philsucom. As stated in the Gonzales case, SRA must be held liable for such claims against Philsucom "to the extent of the fair value of assets actually taken over by the SRA from Philsucom, if any".[21] WHEREFORE, the instant petition for review is hereby PARTIALLY GANTED. The decision of the Regional Trial Court of Cagayan de Oro City (Branch 24) in Civil Case No. 10117 is MODIFIED to the effect that | |||||
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2000-02-03 |
YNARES-SANTIAGO, J. |
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| The doctrine of stale demands or laches is based on grounds of public policy which requires, for the peace of society, the discouragement of stale claims and is principally a question of the inequity or unfairness of permitting a right or claim to be enforced or asserted.[39] Land registration proceedings entails a race against time and non-observance of time constraints imposed by law exposes an applicant to the loss of registration rights if not to the deleterious effects of the application of the doctrine of laches. An applicant for registration has but a one-year period from the issuance of the decree of registration in favor of another applicant, within which to question the validity of the certificate of title issued pursuant to such decree. Once the one-year period has lapsed, the title to the land becomes indefeasible. While the law grants the aggrieved applicant certain remedial measures, these are designed to make up for his failure to register his title to the property and not necessarily to restore ownership and/or title that he had allowed by inaction to be vested in another person. In Javier v. Court of Appeals,[40] the Court set out these remedies as follows:x x x. The basic rule is that after the lapse of one (1) year, a decree of registration is no longer open to review or attack although its issuance is attended with actual fraud. This does not mean however that the aggrieved party is without a remedy at law. If the property has not yet passed to an innocent purchaser for value, an action for reconveyance is still available. The decree becomes incontrovertible and can no longer be reviewed after one (1) year from the date of the decree so that the only remedy of the landowner whose property has been wrongfully or erroneously registered in another's name is to bring an ordinary action in court for reconveyance, which is an action in personam and is always available as long as the property has not passed to an innocent third party for value. If the property has passed into the hands of an innocent purchaser for value, the remedy is an action for damages. x x x. | |||||