Temere Animus

SALTING vs VELEZ  G.R. No. 181930|January 10, 2011  FACTS:  Respondents John Velez and Clarissa Velez filed a complaint for ejectment against petitioner Milagros Salting involving a property covered by Transfer TCT No. 38079.  On March 28, 2006, respondents obtained a favorable decision when the MeTC ordered petitioner to vacate the subject parcel of land and to pay attorneys fees and costs of suit. The decision became final and executory, after which respondents filed a motion for execution which was opposed by petitioner.  Thereafter, petitioner instituted an action before the RTC for Annulment of Sale of the Property covered by TCT No. 38079, with prayer for the issuance of a TRO and/or Writ of Preliminary Injunction against respondents, Hon. Ma. Paz Yson, Deputy Sheriff Ernesto G. Raymundo, Jr., Teresita Diokno-Villamena, and Heirs of Daniel B. Villamena (Heirs of Villamena).  Petitioner claimed that: she purchased the subject...

CASE DIGEST Agtarap v. Agtarap  G.R. Nos. 177099 and 177192| June 8, 2011  Topic: Right of representation, effect of failure to object representation  Facts:  Decedent Joaquin contracted (2) marriages. First with with Lucia, bearing three children, Jesus+, Milagros+, Jose+ (survived by three children, namely, Gloria, Joseph, and Teresa) and then lastly when Lucia died, thereafter, with Caridad, with three children, Eduardo, Sebastian, Mercedes.  Son Eduardo filed petition for settlement of Joaquin’s intestate estate and the RTC issued resolution appointing Eduardo as administrator.  Gloria Agtarap de Santos, one of the children of compulsory heir Jose in the estate of Joaquin, died on May 4, 1995, was later substituted in the proceedings above by her husband Walter de Santos. On September 16, 1995, Abelardo Dagoro filed a motion for leave of court to intervene, alleging that he is the surviving spouse of the compulsory heir Mercedes ...