Obligations and Contracts Cases

Obligations and Contracts Cases - ATTY DJUMEIL GERARD P...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
1 ATTY. DJUMEIL GERARD P. TINAMPAY BOOK IV TITLE V Chapter 1 GENERAL PROVISIONS ART. 1113 All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Property of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription. 1. REPUBIC VS. ESPINOSA SECOND DIVISION [G.R. No. 171514. July 18, 2012.] REPUBLIC OF THE PHILIPPINES, petitioner, vs. DOMINGO ESPINOSA, respondent. DECISION REYES, J p: This is a petition for review on certiorari from the Decision 1 dated November 11, 2004 and Resolution 2 dated February 13, 2006 of the Court of Appeals in CA-G.R. CV No. 72456. ITHADC On March 3, 1999, respondent Domingo Espinosa (Espinosa) filed with the Municipal Trial Court (MTC) of Consolacion, Cebu an application 3 for land registration covering a parcel of land with an area of 5,525 square meters and situated in Barangay Cabangahan, Consolacion, Cebu. In support of his application, which was docketed as LRC Case No. N-81, Espinosa alleged that: (a) the property, which is more particularly known as Lot No. 8499 of Cad. 545-D (New), is alienable and disposable; (b) he purchased the property from his mother, Isabel Espinosa (Isabel), on July 4, 1970 and the latter's other heirs had waived their rights thereto; and (c) he and his predecessor-in-interest had been in possession of the property in the concept of an owner for more than thirty (30) years. Espinosa submitted the blueprint of Advanced Survey Plan 07-000893 4 to prove the identity of the land. As proof that the property is alienable and disposable, he marked as evidence the annotation on the advance survey plan made by Cynthia L. Ibañez, Chief of the Map Projection Section, stating that "CONFORMED PER L.C. MAP NOTATION L.C. Map No. 2545 Project No. 28 certified on June 25, 1963, verified to be within Alienable & Disposable Area". 5 Espinosa also presented two (2) tax declarations for the years 1965 and 1974 in Isabel's name Tax Declaration Nos. 013516 and 06137 to prove that she had been in possession of the property since 1965. To support his claim that he had been religiously paying the taxes due on the property, Espinosa presented a Certification 6 dated December 1, 1998 issued by the Office of the Treasurer of Consolacion, Cebu and three (3) tax declarations for the years 1978, 1980 and 1985 Tax Declaration Nos. 14010, 17681 and 01071. 7 . 8
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
2 ATTY. DJUMEIL GERARD P. TINAMPAY Petitioner opposed Espinosa's application, claiming that: (a) Section 48 (b) of Commonwealth Act No. 141 otherwise known as the "Public Land Act" (PLA) had not been complied with as Espinosa's predecessor-in-interest possessed the property only after June 12, 1945; and (b) the tax declarations do not prove that his possession and that of his predecessor-in-interest are in the character and for the length of time required by law. CDHAcI On August 18, 2000, the MTC rendered a Judgment 9 granting Espinosa's petition for registration, the dispositive portion of which states: WHEREFORE, and in view of all the foregoing, judgment is hereby rendered ordering for the registration and the confirmation of title of [Espinosa] over Lot No. 8499, Cad 545-D
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern