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ROMEO J. GAMBOA v. MARCELO AGUIRRE

This case has been cited 4 times or more.

2011-09-05
PERALTA, J.
In his sworn Affidavit[2] dated March 24, 1999, complainant alleged that she is the granddaughter of Candido Lauria, who died on December 13, 1974 and is survived by her father Dionisio Lauria and her aunt, Juana Lauria. She declared that Candido Lauria was the owner and original claimant of Lot No. 4213 Cad-389-D, containing an area of 1,642 square meters, more or less, as evidenced by Tax Declaration Real Property No. 96-20-0020379. She averred that her grandfather allowed respondent to occupy a portion of the property and build a house thereon, provided that he would pay monthly rentals. However, respondent never paid any rentals. On March 16, 1999, complainant found out from the Office of the Municipal Assessor of Naguilian, Isabela that the name of her grandfather no longer appeared as owner of the said property and, upon further verification with the Office of the Register of Deeds and Bureau of Lands of the Province of Isabela, she discovered that the subject property had been titled in the name of respondent per OCT No. P-72874. It appeared that the issuance of the title under respondent's name was based on an Affidavit of Relinquishment dated October 3, 1997, purportedly executed by Candido Lauria wherein he reliquished or waived his right to claim the subject property in favor of the respondent. According to the complainant, respondent presented the said affidavit to the Bureau of Lands in support of his application for free patent over the subject parcel of land. As a consequence of the falsification and misrepresentation, OCT No. P-72874 was issued in respondent's favor and, subsequently, the same was subdivided into three lots, to wit: TCT No. T-288607 (which was later mortgaged with the Government Service Insurance System in the amount of P225,000.00), TCT No. 288608, and TCT No. 288609, all of which were registered under respondent's name.
2005-05-10
CALLEJO, SR., J.
With Rep. Act No. 7160, the union of legislative and executive powers in the office of the local chief executive under the BP Blg. 337 has been disbanded, so that either department now comprises different and non-intermingling official personalities with the end in view of ensuring a better delivery of public service and provide a system of check and balance between the two.[27]