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PASTOR FERRER v. CA

This case has been cited 2 times or more.

2013-06-28
MENDOZA, J.
From the above testimony, it is clear that Meridian, through its agent, knew that the subject properties were in possession of persons other than the seller. Instead of investigating the rights and interests of the persons occupying the said lots, however, it chose to just believe that Luis still owned them.  Simply, Meridian Realty failed to exercise the due diligence required by law of purchasers in acquiring a piece of land in the possession of person or persons other than the seller. In this regard, great weight is accorded to the findings of fact of the RTC.  Basic is the rule that the trial court is in a better position to examine real evidence as well as to observe the demeanor of witnesses who testify in the case.[40]