This case has been cited 1 times or more.
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2005-11-23 |
AUSTRIA-MARTINEZ, J. |
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| The cause of the defendant [herein petitioner] is not served any better by the fact that Monsgr. Balce had caused the fencing of the alleged one (1) hectare donated by the plaintiffs [herein respondents] to the church, because as the record shows Mrs. Abellas was not aware of said fencing which was done while she was abroad. And, when she returned from abroad and that fact was reported to her by her encargado, Erwin Lara, she went to the premises. However, she no longer did anything about it because the fence was already destroyed and/or turned down. And, when Monsgr. Balce tried to reconstruct said fence in 1988 she went to the place with a policeman and stopped the laborers from continuing with their work in fencing the property. However, on the following morning, Monsgr. Balce ordered the same laborers to continue their work. That prompted the plaintiffs to file a case against Monsgr. Balce before the MTC in Naga City. x x x All these circumstances undertaken by the plaintiffs negate the idea that they have already parted with the property in favor of the defendant by way of donation. [10] | |||||