This case has been cited 4 times or more.
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2010-07-26 |
NACHURA, J. |
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| The foregoing disquisition finds application in the case at bar. Undeniably, the present case is closely related to the previous case (Civil Case No. RTC-354-I), where petitioners raised the issue of ownership and possession of Lot No. 1121 and the annulment of the donation of said lot to them. The RTC found for respondent, declaring the deed of donation she executed in favor of petitioners revoked; and ordered petitioners to vacate and reconvey the donated portion to respondent. The decision of the RTC was affirmed by the CA, and became final with the denial of the petition for review by this Court in G.R. No. 119730. In that case, the Court noted the established fact "that petitioner Noceda occupied not only the portion donated to him by respondent Aurora Arbizo-Directo, but he also fenced the whole area of Lot C which belongs to private respondent Directo, thus, petitioner's act of occupying the portion pertaining to private respondent Directo without the latter's knowledge and consent is an act of usurpation which is an offense against the property of the donor and considered as an act of ingratitude of a donee against the donor."[12] Clearly, therefore, petitioners have no right of ownership or possession over the land in question. | |||||
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2008-03-14 |
CHICO-NAZARIO, J. |
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| Petitioners' persistent assertion that their rights were prejudiced by the lack of notice is not enough. Black's Law Dictionary defines the word prejudice as damage or detriment to one's legal rights or claims. Prejudice means injury or damage.[47] No competent proof was adduced by petitioners to prove their allegation. Mere allegations cannot be the basis of a finding of prejudice. He who alleges a fact has the burden of proving it and a mere allegation is not evidence.[48] | |||||
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2008-03-14 |
CHICO-NAZARIO, J. |
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| Petitioners' argument that the assignment of the property will not terminate the co-ownership is specious, considering that partition, in general, is the separation, division, and ASSIGNMENT of a thing held in common by those to whom it may belong.[56] | |||||
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2006-07-31 |
AUSTRIA-MARTINEZ, J. |
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| It is undisputed that Marcelino built his house on the disputed property in 1949 with the consent of his father. Marcelino has been in possession of the disputed lot since then with the knowledge of his co-heirs, such that even before his father died in 1954, when the co-ownership was created, his inheritance or share in the co-ownership was already particularly designated or physically segregated. Thus, even before Lot G was subdivided in 1976, Marcelino already occupied the disputed portion and even then co-ownership did not apply over the disputed lot. Elementary is the rule that there is no co-ownership where the portion owned is concretely determined and identifiable, though not technically described,[45] or that said portion is still embraced in one and the same certificate of title does make said portion less determinable or identifiable, or distinguishable, one from the other, nor that dominion over each portion less exclusive, in their respective owners.[46] | |||||