Temere Animus

G.R. No. 182678|  August 3, 2010 Public Estates Authority [1],  v. ALARAS, et. al. [2] FACTS: Ruling squarely on the issue adduced before it, the Supreme Court declared that Lot 5155 was a public land so that De Leon's occupation thereof, no matter how long ago, could not confer ownership or possessory rights. Prescinding therefrom, no writ of injunction may lie to protect De Leon's nebulous right of possession. Accordingly, in its Decision dated 20 November 2000, [3] the Supreme Court disposed of the controversy. The aforesaid Decision became final and executory as no motion for reconsideration was filed.  In due course, PEA moved for the issuance of a writ of execution praying that De Leon and persons claiming rights under him be ordered to vacate and peaceably surrender possession of Lot 5155. Acting on PEA's motion, the court a quo issued the first assailed Order granting the Writ of Execution dated 15 September 2004. [4]   As could ...

CASE DIGEST: ARELLANO v. PASCUAL  G.R. No. 189776|December 15, 2010  Topic: Collation has two distinct Concept; Siblings are collateral relatives and, therefore not entitled to any legitime  Facts: Angel N. Pascual Jr. died intestate leaving only as his heirs his siblings, which were the respondents in the case at bar. In a petition for "Judicial Settlement of Intestate Estate and Issuance of Letters of Administration," filed by respondents before the RTC of Makati, respondents alleged, that a parcel of land (the donated property) located in Teresa Village, Makati, by way of Deed of Donation, was transferred by the decedent to petitioner; additionally, it also alleged the validity of the donation, stating that it "may be considered as an advance legitime" of petitioner. Respondent’s nephew Victor was (as they prayed for in their petition), appointed as Administrator of the estate by Makati RTC. The probate court found the donation valid hence said...