This case has been cited 6 times or more.
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2013-08-05 |
DEL CASTILLO, J. |
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| Nor can petitioners' registration of their purchase have any effect on Juanito's rights. The mere registration of a sale in one's favor does not give him any right over the land if the vendor was no longer the owner of the land, having previously sold the same to another even if the earlier sale was unrecorded.[35] Neither could it validate the purchase thereof by petitioners, which is null and void. Registration does not vest title; it is merely the evidence of such title. Our land registration laws do not give the holder any better title than what he actually has.[36] | |||||
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2011-11-28 |
LEONARDO-DE CASTRO, J. |
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| There are two types of void contracts: (1) those where one of the essential requisites of a valid contract as provided for by Article 1318 of the Civil Code is totally wanting; and (2) those declared to be so under Article 1409 of the Civil Code.[32] "[C]onveyances by virtue of a forged signature x x x are void ab initio. The absence of the essential [requisites] of consent and cause or consideration in these cases rendered the contract inexistent. x x x."[33] | |||||
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2007-10-26 |
VELASCO, JR., J. |
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| Anent abandonment or laches, we fully agree with the trial court that there is no basis to dismiss the complaint in Civil Case No. 67921 on the grounds of laches and abandonment. Laches, being controlled by equitable considerations and addressed to the sound discretion of the trial court, is evidentiary in nature and thus can not be resolved in a motion to dismiss, as we have held in the fairly recent case of Felix Gochan and Sons Realty Corporation v. Heirs of Raymundo Baba.[67] | |||||
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2007-02-21 |
AUSTRIA-MARTINEZ, J. |
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| The four basic elements of laches are: (1) conduct on the part of the defendant, or of one under whom he claims, giving rise to the situation of which complaint is made and for which the complaint seeks a remedy; (2) delay in asserting the complainant's rights, the complainant having had knowledge or notice of the defendant's conduct and having been afforded an opportunity to institute suit; (3) lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit; and, (4) injury or prejudice to the defendant in the event relief is accorded to the complainant or the suit is not held to be barred. [22] These elements must all be proved positively.[23] | |||||
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2007-02-14 |
TINGA, J. |
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| Well-settled is the rule that the elements of laches must be proved positively. Laches is evidentiary in nature which could not be established by mere allegations in the pleadings and can not be resolved in a motion to dismiss. At this stage therefore, the dismissal of the complaint on the ground of laches is premature.[7] Those issues must be resolved at the trial of the case on the merits wherein both parties will be given ample opportunity to prove their respective claims and defenses.[8] | |||||
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2004-09-03 |
YNARES-SANTIAGO, J. |
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| Unlike ordinary contracts (which are perfected by the concurrence of the requisites of consent, object and cause pursuant to Article 1318[38] of the Civil Code), solemn contracts like donations are perfected only upon compliance with the legal formalities under Articles 748[39] and 749.[40] Otherwise stated, absent the solemnity requirements for validity, the mere intention of the parties does not give rise to a contract. The oral donation in the case at bar is therefore legally inexistent and an action for the declaration of the inexistence of a contract does not prescribe.[41] Hence, Felomina can still recover title from Lucila. | |||||