This case has been cited 3 times or more.
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2008-11-03 |
QUISUMBING, J. |
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| A writ of preliminary injunction may only be issued upon a clear showing that there exists a right to be protected and that the action sought to be enjoined is violative of that right.[24] From the foregoing discussion, it is clear that petitioners have a right to be protected against the summary demolition of their houses. Hence, the RTC correctly issued a writ of preliminary injunction. However, whether the injunction should be made permanent is another matter. | |||||
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2008-03-12 |
YNARES-SATIAGO, J. |
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| The records show that petitioner and his brothers bought the subject lot from spouses Tony Bautista and Alicia Villamil on August 24, 1998,[14] who in turn purchased the same from spouses Teofilo Abellera and Abella Sarmen on January 16, 1997.[15] The latter bought the subject lot from Cynthia, Agustin Jr., Jasmin, Omir and Lauro, all surnamed Cacho, on July 10, 1979.[16] The earliest tax declaration which was submitted in evidence was Tax Declaration No. 25606[17] issued in 1971 in the names of spouses Agustin Cacho and Eufrosinia Baustista. While tax declarations are not conclusive proof of ownership, they constitute good indicia of possession in the concept of owner and a claim of title over the subject property.[18] Even if we were to tack petitioner's claim of ownership over the subject lot to that of their alleged predecessors-in-interest, spouses Agustin Cacho and Eufrosinia Baustista in 1971, still this would fall short of the required possession from June 12, 1945 or earlier. | |||||
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2006-07-14 |
YNARES-SANTIAGO, J. |
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| At any rate, the lower courts' finding that the subject property rightly belonged to Macajilos was not principally grounded on Fidela's admission. Rather, this admission merely confirmed the undisputed documentary evidence which showed Gregoria Macalipay as the owner of the subject property and the same passed on to her two sons upon her death. The records show that Tax Declaration No. 858[17] covering the period prior to the year 1949,[18] Tax Declaration No. 13895[19] for the year 1949, Tax Declaration No. 25864[20] for the year 1969 and Tax Declaration No. 10651[21] for the year 1974 over the subject property were all in the name of Gregoria Macalipay. It is true that tax declarations or realty tax payments are not conclusive evidence of ownership, however, they constitute good indicia of possession in the concept of owner and a claim of title over the subject property.[22] Coupled with her uncontested actual possession of the subject property, these tax declarations constitute strong evidence of ownership over the subject property by Gregoria Macalipay,[23] the mother of herein respondents Macajilos. | |||||