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Case Digest for POLIREV or CONSTILAW on Government Liability on impairment of property rights of individuals
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Adr Shipping vs. Gallardo
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2010-11-03 Kapler Atty Letter
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015 Dept. of Education vs. Oñate #$T%OR : "elsey G.R. No. 161758, June 8, 2007 N#$%S: &if appli'able( appli'able( TO!": Government Liability on impairment of property rights of individuals ONENTE: QUISUMBING, ! &#"T'(
)! Spouses Spouses *laro #ate #ate and Gregoria Gregoria Los Baos o+ned o+ned Lot No! -./ -./ &disputed &disputed lot( lot( +ith an area of aroun s3uare meters registered under #*$ No! 045! a. *laro #ate had three 'hildren, namely: 6ntonio, 7afael, and 8ran'is'o, all surnamed #ate! 7 *elso #ate is the grandson of *laro #ate, being the son of 8ran'is'o #ate! 0! In )/.2, Bagumbayan %lementary %lementary S'hool of 9araga +as +as 'onstru'ted 'onstru'ted on a portion of of the disputed disputed lot +as eventually renamed 9araga North *entral %lementary S'hool! $he Muni'ipality of 9araga levele +hile petitioner 9epartment of %du'ation *ulture and Sports &9%*S no+ 9epartment of %du'ation developed and built various s'hool buildings an d fa'ilities on the disputed lot! 5! Sometime in )//), respondent respondent filed a re'onstitution re'onstitution pro'eeding pro'eeding of #*$ #*$ No! 045 +hi'h +as granted Legaspi *ity 7$* after due noti'e, publi'ation, and hearing! *onse3uently, #*$ No! 7#=)-/1 +as i name of spouses *laro #ate and Gregoria Los Baos! .! #n 6ugust 6ugust 0, )//), a 9eed of %>tra?udi'ial %>tra?udi'ial Settlement of %state and *ession +as e>e'uted by respo three &5( sisters +ho +aived their su''essional rights in favor of respondent *elso #ate! 6sserting tha lot +as inherited by his father, 8ran'is'o #ate, from the latter@s father, *laro #ate, by virtue of a prio among the three &5( sons of *laro #ate and Gregoria Los Baos, respondent in turn 'laimed o+nership through the deed of e>tra?udi'ial settlement! 5. $hereafter, respondent 'aused Lot No! -./ to be subdivided into five &4( lots, all under his name, e -./=B +hi'h is under the name of Mariano M! Lim! #n #'tober 0, )//0, the subdivided lot $ransfer *ertifi'ate of $itles &$*$s(! ! #n 9e'ember 9e'ember )4, )//0, )//0, through his his 'ounsel, 'ounsel, respondent respondent sent sent a letter to petitioner petitioner apprisin apprising g it about 'ir'umstan'es affe'ting the elementary s'hool and its o''upan'y of Lot No! -./=6 +ith an area of meters! 7espondent proposed to petitioner 9%*S that it pur'hase Lot No! -./=6 at the 8MA of s3uare meter and also re3uested for reasonable rentals from )/2! a! $he re'ords re'ords sho+ sho+ that then 9%*S 9ire't 9ire'tor or IA oven'io oven'io 7evil 7evil subse3u subse3uent ently ly referred referred the 9%*S 9ivision Superintendent 7iCalina 9! Sa3uido for investigation! 1! #n 8ebruary 8ebruary 0., )//5, through through his 'ounsel, 'ounsel, respondent respondent liDe+ise liDe+ise +rote to %ngr! %ngr! #rlando #rlando 7o'es, 9is 6lbay %ngineering 9istri't about the on=going 'onstru'tion pro?e'ts in the s'hool! %ngr! 7o'es th respondents 'ounsel that petitioner 9%*S is the o+ner of the s'hool site having a'3uired Read Free Foron 30this Days Sign up to vote title the dispute of a 9eed of 9onation e>e'uted by the Muni'ipality of 9araga, 6lbay in favorNot of petitioner! useful Useful Cancel anytime. -! *onse3uen *onse3uently tly,, on Mar'h )-, )//5, respondent respondent institut instituted ed a *omplaint *omplaintfor for 6nnulmen 6nn ulmentt of 9onation 9onation an Special offer for students: Only $4.99/month. of $itle +ith 7e'overy of ossession of Lot No! -./ before the Legaspi *ity 7$* against petit 9ivision of 6lbay and the Muni'ipality of 9araga, 6lbay!
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Adr Shipping vs. Gallardo
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2010-11-03 Kapler Atty Letter
3 or 4 Day Suit Filed Shows
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trial 'ourt@s 9e'ision before the *6! Fo+ever, on une )1, )//-, the appellate 'ourt de'lared the ap petitioners abandoned and dismissed for their failure to pay the re3uired do'Det fees +ithin the reglemen
!''$E)'*: = hether petitioner 9%*S 'an be sued +ithout its 'onsent and independently of the 7epubli' of the %E+D: = Hes, 9%*S 'an be sued +ithout its permission as a result of its being privy to the 9eed of 9ona the Muni'ipality of 9araga, 6lbay over the disputed property! = D!'O'!T!E ORT!ON( F%7%8#7%, the instant petition is G76N$%9 and the anuary )., 022. 9e'ision of the *6 in *6=G!7! * affirming the November 5, )//1 9e'ision of the Legaspi *ity 7$* is 688I7M%9 +ith the follo+ing M#9I8
)( 9e'laring the 9ep%d &formerly 9%*S(, 9ivision of 6lbay to have the rights of possession and usufru't ove +ith an area of )5,210 s3uare meters under $*$ No! $=-5/. of the 7egistry of 9eeds of 6lbay, as a result the part of respondent *elso #ate and his prede'essors=in=interest! 7espondent *elso #ate, his heirs, su''essors=in=interest are prohibited from selling, mortgaging, or en'umbering Lot -./=6 +hile the said lo used and o''upied by petitioner 9%*S!Fo+ever, the rights of possession and usufru't +ill be restored to re moment petitioner 9%*S no longer needs the said lot! $he 7egistry of 9eeds of 6lbay is ordered to aforementioned restri'tions and 'onditions at the ba'D of $*$ No! $=-5/.=6 in the name of respondent *el No! 0 of the November 5, )//19e'ision of the Legaspi *ity 7$* is modified a''ordingly
0( 9e'laring *elso #ate as the true and legal o+ner in fee simple of the follo+ing lots: a! Lot -./=* +ith an area of )2,222 s3uare meters under $*$ No! $=-5/.- of the 7egistry of 9eeds of 6lba b! Lot -./=9 +ith an area of ),)01 s3uare meters under $*$ No! $=-5/./ of the 7egistry of 9eeds of 6lb '! Lot -./=% +ith an area of 2- s3uare meters under $*$ No! $=-5/42 of the 7egistry of 9eeds of 6lbay
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5( 9e'laring Mariano M! Lim as true and legalUnlock o+nerfullofaccess Lot -./=B +ith an area of 5,)22 s3uare meters un with a free trial. $=-.2./ of the 7egistry of 9eeds of 6lbay
Download .( #rdering petitioner 9%*S and all other persons 'laimingWith underFree said Trial department to return the possession of -./=9, and -./=% to respondent *elso #ate and Lot -./=B to Mariano M! Lim and
Master your semester with Scribd to pay 8ifty $housand esos &h 42,222( to defendant Muni'ipality of 9araga, 6lbay! Read Free Foron 30this Days Sign up to vote title & The New York Times Not useful Useful respe'ts! $he November 5, )//1 9e'ision of the Legaspi *ity 7$* is 688I7M%9 in all other
4( 9eleting Item No! . of the November 5, )//1 9e'ision of the Legaspi *ity 7$*, +hi'h ordered responde Cancel anytime.
Special offer for students: Only $4.99/month. R#T!O: hen 9%*S voluntarily gave its 'onsent to the donation, any dispute that may arise from it +ou
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Adr Shipping vs. Gallardo
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2010-11-03 Kapler Atty Letter
3 or 4 Day Suit Filed Shows
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'on'ept of an o+ner over the disputed lot sin'e )/.2 until 9e'ember 0), )/-- or for about .- years! Sig maintains that $a> 9e'laration No! 5)/4. 'overing the disputed lot in the name of the Muni'ipality of 9 'ontains an annotation 'ertifying that said lot +as under vou'her No! /, 6ugust, )/.2 a''ounts! $he ' $ransfer $itle No! .-)0 has been issued by the 7egister of 9eeds #ffi'e of 6lbay on 6ugust 5, )/.2!
hen petitioner re'eived the lot as donation from the Muni'ipality on 9e'ember 0), )/--, it possessed the su in the 'on'ept of an o+ner and 'ontinued to introdu'e improvements on the lot! *onse3uently, +hen respond the instant 'ase in )//5, petitioner and its prede'essor=in=interest Muni'ipality of 9araga, 6lbay had possess lot for a 'ombined period of about fifty t+o &40( years!
hen *laro #ate and his spouse died, their 'hildren 6ntonio, 7afael, and 8ran'is'o +ho su''eeded them als any steps to 3uestion the o+nership and possession by the Muni'ipality of the disputed lot until they died on une )0, )//), and #'tober 00, )/41, respe'tively!
In this petition, 9%*S no longer 3uestions the de'laration of nullity of the 9eed of 9onation over the dis hen'e 'an be 'onsidered as a final resolution of the issue! LiDe+ise, it does not 'hallenge the o+nership o disputed lots, but merely relied on the defense of la'hes!
$he devotion of Lot No! -./=6 to edu'ation started in )/.2 and 'ontinued up to 9e'ember 0), )/-- +hen donated to the 9%*S! 8rom then on, 9%*S built various buildings and introdu'ed improvements on said -./=6 +as 'ontinuously used for publi' edu'ation until Mar'h )-, )//5 +hen respondent #ate filed *ivil * and thereafter up to the present!
$hus, for a total period of more than fifty=t+o &40( years, Lot No! -./=6 +as e>'lusively and 'omplete 9%*S for publi' edu'ation! $his fa't +as not su''essfully 'hallenged nor refuted by respondent! $he se'on la'hes +as liDe+ise proven!
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Bet+een a 'lear sho+ing of o+nership eviden'ed by a registered title and a 'ertifi'ation in a ta> de'laration, Unlock full access with a free trial. an offi'ial 'apa'ity, the former holds as the latter is only persuasive eviden'e! Indeed, ta> de'larations in lan do not 'onstitute o+nership +ithout other substantial pie'es of eviden'e!
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$he re'ords do not sho+ and petitioner has not given any 'ogent e>planation +hy the 9eed of *onveyan'e i Muni'ipality of 9araga, 6lbay and $*$ No! .-)0 +ere not presented! ith 'lear and affirmative defen petitioner and Muni'ipality of 9araga, 6lbay, it is in'umbent for them to present these do'uments! unmistaDable inferen'e is that there +as indeed no sale and 'onveyan'e by *laro #ate of Lot -./ in Muni'ipality! *onse3uently, the $*$s 'an'elling #*$ No! 7#=)-/1)Read 'overing -./=6, Free ForNos! 30this Days Sign up to Lot vote on title -./=B, 9, and -./=% +ere liDe+ise validly issued! Not useful Useful Cancel anytime. "#'E +#- DO"TR!NE: Special offer for students: Only $4.99/month.
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