Category: LATEST SUPREME COURT CASES


 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RESPONDENT LUCENA WAS CONSTRUCTIVELY DISMISSED. THE FACTS ARE:

TEST FOR CONSTRUCTIVE DISMISSAL:

PETITIONER SAID LUCENA WAS TERMINATED DUE TO LOSS OF TRUST AND CONFIDENCE. SC SAID WRONG.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

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DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

RESPONDENTS ON THE BASIS OF AN INVALID DEED OF DONATION (NOT NOTARIZED) OCCUPIED SUBECT LAND FOR MORE THAN 50 YEARS. DURING THAT PERIOD PETITIONER FAILED TO TAKE ACTION AGAINST RESPONDENTS. THUS BY THE PRINCIPLE OF LACHES, RESPONDENTS ACQUIRED, BY VIRTUE OF POSSESSION, OWNERSHIP OVER THE LAND.

BUT THE LAND IS TITLED AND REGISTERED UNDER THE TORRENS SYSTEM.

EVEN THOUGH.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.

 

 

DISPOSITIVE:

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

THIS CONCERNS A PROPERTY MORTGAGED TO TRC. THE MORTGAGOR WAS NOT THE OWNER OF THE WHOLE PROPERTY. SHE CANNOT MORTGAGE THE PORTION SHE  DOES NOT OWN.

THE MORTGAGOR  ZARATE SPOUSES CLAIMS THAT IN 1978 THE PROPERTY WAS SOLD TO THEM. THIS SALE MUST TAKE PRECEDENCE OVER THE ORAL PARTITION CLAIMED BY HEIR ALVAREZ. THE COURT RECOGNIZED THAT SAID THE SALE WAS FAKE. ORAL PARTITION IS RECOGNIZED BY COURTS.

ZARATE SPOUSES CLAIM THAT ALVAREZ COMMITTED LACHES FOR BRINGING THE CASE LATE AFTER SO MANY YEARS. SUPREME COURT NOT ALL ELEMENTS OF LACHES ARE PRESENT. ALVAREZ DISCOVERED THE DEFECT LATE AND THUS FILED THE CASE ONLY RECENTLY.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.