This case has been cited 3 times or more.
|
2012-12-10 |
LEONARDO-DE CASTRO, J. |
||||
| This Court has combed through the records of this case and found no reason to deviate from the findings of the trial and appellate courts. There is nothing that would indicate that the RTC and the Court of Appeals "ignored, misconstrued, misunderstood or misinterpreted cogent facts and circumstances of substance, which, if considered, will alter the outcome of the case."[40] | |||||
|
2011-01-17 |
VELASCO JR., J. |
||||
| In deciding this appeal, this Court is guided by the legal aphorism that factual findings of the CA, affirming those of the trial court, are binding on this Court, unless there is a clear showing that such findings are tainted with arbitrariness, capriciousness, or palpable error.[34] As this Court held in People v. Lusabio, Jr.:[35] | |||||
|
2005-01-17 |
CALLEJO, SR., J. |
||||
| In her complaint, the petitioner alleged, inter alia, that she was the only child of the Spouses Severino Gonzales and Juana Libertad. A certain Nicanor Jacinto was issued a Certificate of Sale dated July 11, 1910 over friar land, a parcel of land known as the Tala Estate, with an area of 25.375 hectares. Jacinto, thereafter, executed an Assignment of Sale Certificate dated November 4, 1926 in favor of the petitioner's father Severino Gonzales, which was duly approved by the Bureau of Lands. The petitioner further narrated that prior to the Second World War, her parents occupied the property continuously, openly and in the concept of owner. After the death of her father and mother in 1940 and 1942, respectively, she occupied the said property through her overseers, openly and in the concept of owner being the sole heir thereof. However, she was not able to secure a torrens title over the property based on the said certificates because of limited instruction. The petitioner further alleged that Oscar L. Uy, in connivance with the other defendants, caused the falsification of the Deed of Assignment dated November 21, 1936 over the said parcel of land purportedly executed by Severino Gonzales in favor of Pedro and Aleja Gonzales; on the basis thereof, TCT No. 42126 was issued to the latter on January 9, 1941; this was later cancelled on June 7, 1947 when TCT No. 4477 was issued to and in the names of Paula Bernardo Vda. de Gonzales, et al.; and which, in turn, was cancelled by TCT No. 4495 issued in the name of Oscar Uy on June 7, 1947. TCT No. 10533(9498) was, thereafter, issued on July 1, 1948 in the names of Remedios Mercado, et al. The petitioner further alleged that a portion of the property identified as Lot 896 was sold to Marcelina Sarangaya on May 23, 1961,[8] who was issued TCT No. 87075 therefor. She claimed that the said deed of assignment executed in favor of Pedro and Aleja Gonzales, and the titles issued on the basis thereof were null and voId. The petitioner also alleged in her complaint that she was already 73 years old. | |||||