ANNEX-L_Dela-Rosa-vs.-Roldan-G.R.-No.-133882.-05-September-2006..doc - ANNEX L DELA ROSA vs ROLDAN G.R No 133882 September 5 2006 FIRST DIVISION CALLEJO

ANNEX-L_Dela-Rosa-vs.-Roldan-G.R.-No.-133882.-05-September-2006..doc

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ANNEX L DELA ROSA vs. ROLDAN G.R. No. 133882. September 5, 2006. FIRST DIVISION, CALLEJO, SR., J . FACTS: The spouses Adriano Rivera and Aurora Mercado were the owners of two (2) parcels of land located in Tarlac, Tarlac, both covered by respective titles; the 261-square-meter lot was covered by Transfer Certificate of Title (TCT) No. 7225, while the 772 sq. m. was covered by TCT No. 7226. Sometime in 1957, the spouses Rivera executed a deed of sale [2] over the properties in favor of the spouses Arsenio Dulay and Asuncion dela Rosa. Gideon dela Rosa, one of Asuncions brothers, was one of the instrumental witnesses in the deed. To pay for the property, the spouses Dulay, who were members of the Government Service Insurance System (GSIS), secured a P 9,500.00 loan and executed a real estate mortgage over the two lots as security therefor. On September 16, 1957, the Register of Deeds issued TCT Nos. 29040 and 29041 in the names of the spouses Dulay. Sometime in 1982, the spouses Dulay made demands on Gideon, Angela and Corazon to vacate the premises, as their three daughters would be constructing their respective houses thereon. Gideon, Angela and Corazon refused to do so, prompting the spouses to file a complaint for recovery of possession ( accion publiciana ) against them with the then Court of First Instance (CFI) of Tarlac. The spouses Dulay alleged, inter alia , that they bought the lots from the spouses Rivera in 1957; defendants occupied a 370- square-meter portion on the western side, and were claiming ownership over one-half of the property, as shown by their letter to plaintiffs appended to their complaint; and they needed the property so that their daughters, who already had their respective families, could build houses thereon. The spouses Dulay prayed that defendants be evicted from the property and be required to pay reasonable compensation for their use of the premises. [3] The case was docketed as Civil Case No. 6261. On July 17, 1987, the trial court rendered judgment in Civil Case No. 6261 in favor of the spouses Dulay and ordered the spouses Dela Rosa and Corazon Medina to vacate the property and turn over possession to plaintiffs. [9] The spouses Dela Rosa and Corazon Medina appealed to the CA. The case was docketed as CA-G.R. CV No. 15455 . On June 29, 1990, the appellate court rendered judgment granting the appeal and reversed the trial courts ruling. According to the appellate court, the complaint was premature on account of plaintiffs failure to allege, in their complaint, that there had been earnest efforts to have the case amicably settled as mandated under Article 222 of the New Civil Code. [11] On April 30, 1996, Angela filed a complaint against Arsenio and his children in the MTC of Tarlac, Tarlac for recovery of ownership, reconveyance, cancellation of title, and damages. The case was docketed as Civil Case No. 6154. Angela, as plaintiff, reiterated her allegations in her answer and counterclaim in Civil Case No. 6261 as allegations comprising her causes of action.
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