This case has been cited 2 times or more.
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2012-01-16 |
SERENO, J. |
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| In response to RTC Br. 70's issuance of a Writ of Possession, followed by a 30 June 2004 Notice to Vacate, Amparo filed a Motion to Hold in Abeyance the Writ of Possession and Notice to Vacate, arguing that (1) the parties had another conjugal lot apart from the conjugal dwelling; and (2) under Article 129 of the Family Code,[4] the conjugal dwelling should be adjudicated to her as the spouse, with whom four of the five Cabreza children were staying. RTC Br. 70 denied her Motion and the Court of Appeals (CA) upheld the denial, prompting her to file with the SC a Petition for Review of this CA Decision, docketed as G.R. No. 171260. | |||||
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2012-01-16 |
SERENO, J. |
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| On 11 September 2009, the SC in G.R. No. 171260 denied Amparo's Petition[5] on the ground that granting it would modify the already final 26 May 2003 Order of RTC Br. 70 authorizing the sale of the family home. As the facts upon which Amparo based her argument against RTC Br. 70's issuances (Order of Possession, Writ of Possession and Notice to Vacate) were already operative when she questioned the 26 May 2003 Order, she should have raised her argument then. It would be unfair to allow her to raise the said argument now in the guise of questioning the subsequent implementing Orders of RTC Br. 70. Meanwhile, her allegation that there is another conjugal property other than the subject property is a question of fact not proper for a Rule 45 petition. Also, the factual finding of both RTC Br. 70 and the CA that there was only one conjugal property was conclusive upon the parties. The SC Decision in G.R. No. 171260 became final and executory on 5 January 2010. | |||||