This case has been cited 2 times or more.
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2002-04-11 |
DE LEON, JR., J. |
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| While not raised as issues in the instant petition, we nevertheless rule now (conformably with Gayos v. Gayos[62] that it is a cherished rule of procedure that a court should always strive to settle the entire controversy in a single proceeding leaving no root or branch to bear the seeds of future litigation) that respondents cannot claim disturbance compensation for the reason that the sub-lots are not and have never been available for agrarian reform. In the same vein, respondents also have no right to be reimbursed by petitioner Jose Juan Tong for the value of or expenses for improvements which they might have introduced on the one hundred ten (110) sub-lots since they did not allege nor prove the existence of such improvements and their right to compensation thereto, if any.[63] | |||||
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2002-02-27 |
BELLOSILLO, J. |
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| We find precedent in Baclayon v. Court of Appeals[43] for our ruling in the instant petition. In this case, the defendants failed to raise as counterclaim the expenses for reimbursement of improvements built in good faith and allowed the judgment to become final and executory without a decision on the value of the improvements. Subsequently, the trial court conducted hearings supplementary to execution allowing defendants to prove that they were builders in good faith of the improvements and their value. In nullifying the action of the lower court we ruled - | |||||