Temere Animus

G.R. No. 154942 August 16, 2005 ROLANDO SANTOS, Petitioners, vs. CONSTANCIA SANTOS ALANA, Respondent. Doctrines: (1) Findings of fact by the trial court, especially when affirmed on appeal, are conclusive and binding. (2) It bears reiterating that under article 752 of the civil code, the donation is inofficious if it exceeds this limitation — no person may give or receive, by way of donation, more than he may give or receive by will. (3) Under article 1144 of the civil code, actions upon an obligation created by law must be brought within ten years from the time the right of action accrues. Thus, the ten-year prescriptive period applies to the obligation to reduce inofficious donations, required under article 771 of the civil code, to the extent that they impair the legitime of compulsory heirs. (4) From when shall the ten-year period be reckoned? In mateo vs. Lagua, involving the reduction, for inofficiousness, of a donation propter nuptias, we held that the cause of action to enforce...

G.R. No. 133705. March 31, 2005 C-J YULO & SONS, INC., Petitioners, vs. ROMAN CATHOLIC BISHOP OF SAN PABLO, INC., Respondents. Ponente: GARCIA, J.: Nature of petition: Appealed to this Court by way of a petition for review on certiorari are the Decision 1 dated December 19, 1997 and Resolution dated April 30, 1998 of the Court of Appeals in CA-G.R. CV No. 45392, reversing an earlier decision of the Regional Trial Court at Calamba, Laguna, Branch 34, which ruled in favor of the herein petitioner C-J Yulo & Sons, Inc., in a suit for revocation of donation with reconveyance of title, thereat commenced by the petitioner against the herein respondent, Roman Catholic Bishop of San Pablo, Inc. Synopsis: The ruling of the Court of Appeals that the revocation of the donation by petitioner (C-J Yulo & Sons, Inc.) was improper is in accordance with the law and applicable jurisprudence. The donation involved was considered onerous because of the burden imposed on the donee to put ...

G.R. No. 183719 : February 2, 2011 MARGARITA F. CASTRO, Petitioner,  v.  NAPOLEON A. MONSOD, Respondent. NACHURA, J.: Nature of the case:   Before the Court is a petition for review on certiorari under Rule 45 of the Rules of Court, assailing the Decision dated May 25, 2007 and the Resolution dated July 14, 2008 of the Court of Appeals (CA) in CA-G.R. CV No. 83973. FACTS: Petitioner is the registered owner of a parcel of land located on Garnet Street, Manuela Homes, Pamplona, Las Piñas City, and covered by Transfer Certificate of Title (TCT) No. T-36071, with an area of one hundred thirty (130) square meters (sq.m.). Respondent, on the other hand, is the owner of the property adjoining the lot of petitioner, located on Lyra Street, Moonwalk Village, Phase 2, Las Piñas City. There is a concrete fence, more or less two (2) meters high, dividing Manuela Homes from Moonwalk Village. Respondent filed an adverse claim against sixty-five (65) sq.m. of the property of p...

G.R. No. 185240: January 20, 2010 SPS. MANUEL AND VICTORIA SALIMBANGON,Petitioners, v.  SPS. SANTOS AND ERLINDA TAN,Respondents. ABAD,J.: FACTS: This case is about the admissibility of testimony that tends to modify a written agreement among the parties and the extinction of the easement of right of way upon consolidation in one person of the ownership of the dominant and the servient estates. Guillermo Ceniza died in 1951 and left a parcel of land in Poblacion, Mandaue City, which his children divided among themselves through an extrajudicial declaration of heirs and partition. The partition established an easement of right of way consisting of a 3-meter wide alley between two of the lots, Lots D and E, to give them access to the street. Later, the heirs modified the agreement to impose the easement of right of way along the southwest boundary of Lot B from Lots D and E to the street. Victoria Salimbangon, one of the heirs, later swapped lots with another heir, Benedicta, and beca...

839 Phil. 1 G.R. No. 189626. August 20, 2018 GREGORIO AMOGUIS TITO AMOGUIS, PETITIONERS, VS. CONCEPCION BALLADO AND MARY GRACE BALLADO LEDESMA, AND ST. JOSEPH REALTY, LTD. RESPONDENTS. FACTS: In 1969, the Ballado Spouses entered into contracts with St. Joseph Realty to buy two parcels of land on installment. The contracts provided for automatic rescission and cancellation if the Ballado Spouses failed to make payments or comply with the terms of the contract. The Ballado Spouses made payments until 1979, when St. Joseph Realty's collector refused to receive them and advised them to suspend payments and remove a small house they had built on the land. The Ballado Spouses complied, but the collector never returned to collect payments. In 1987, the Ballado Spouses discovered that St. Joseph Realty had rescinded their contracts and sold the land to the Amoguis Brothers, who had taken down the Ballado Spouses' fences and trees. The Ballado Spouses attempted to pay the remaining bala...

G.R. No. 180282 April 11, 2011  CRISPIN DICHOSO, JR., EVELYN DICHOSO VALDEZ, and ROSEMARIE DICHOSO PE BENITO, Petitioners, vs. PATROCINIO L. MARCOS, Respondent This is a petition for review on certiorari under Rule 45 of the Rules of Court, seeking to reverse and set aside the Court of Appeals (CA) Decision dated January 31, 2007 and Resolution dated October 23, 2007 in CA-G.R. CV No. 85471. The assailed Decision reversed and set aside the July 15, 2005 decision of the Regional Trial Court (RTC) of Laoag City, Branch 14, in Civil Case No. 12581-14; while the assailed Resolution denied the Motion for Reconsideration filed by petitioners Crispin Dichoso, Jr., Evelyn Dichoso Valdez, and Rosemarie Dichoso Pe Benito. FACTS: Petitioners filed a complaint for easement of right of way against respondent Patrocinio L. Marcos, alleging that they were the owners of Lot No. 21553 and had been using a portion of Lot No. 1 in accessing the road since 1970, but respo...

  G.R. No.180086 July 2, 2014 AFP RETIREMENT AND SEPARATION BENEFITS SYSTEM [AFP-RSBS] vs. REPUBLIC OF THE PHILIPPINES,  Ponente: LEONEN, J.: FACTS: AFP-RSBS filed an application for original registration of parcels of land in Silang, Cavite. AFP-RSBS alleged that: These parcels of land were allegedly acquired from Narciso Ambrad, Alberto Tibayan, and Restituto Tibayan on March 13, 1997. That their predecessors-in interest had been in possession of the properties since June 12, 1945. In a decision dated July 28, 2001, the MCTC approved AFP-RSBS’s application for original registration. The ROD was directed to cause the registration of the properties in the name of AFP-RSBS. The Republic moved for the reconsideration of the decision. However, the motion was denied in an order dated February 19, 2003. On March 14, 2003, the Republic appealed the decision and order of the trial court, alleging: improper identification of the properties, noncompliance with SC Admi...