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REPUBLIC OF THE PHILIPPINES vs. MARIANO F. LICHAUCO Case Digest

TITLE REPUBLIC OF THE PHILIPPINES (Represented by the Land Tenure Administration, substituted by the Land Authority), plaintiff and appellant, vs. MARIANO F. LICHAUCO, ET AL., defendants. JOSE M. LICHAUCO, TRINIDAD GONZALES, FRANCISCO CASTILLO and JOSE CASTILLO, defendants and appellants August 19, 1972 FACTS The Republic of the Philippines, by authority of Republic Act No. 1400, represented by the Land Tenure Administration, filed on December 2, 1957, in the Court of First Instance of Pangasinan a complaint against the defendants for the expropriation of the lands of the "Hacienda El Porvenir", having an area of 1,352.84245 hectares, situated in the municipalities of Tayug, Natividad, San Quintin and Sta. Maria, province of Pangasinan. In the complaint it was alleged, among other things, that the aggregate assessed value of the property was P434,440.00, and that the continuous agrarian conflicts between defendants and their tenants could be solved only...

SANTOS vs COURT OF APPEALS Case Digest

G.R. No. 60210. March 27, 1984.] ARTURO P. SANTOS and ADELINA Y. SANTOS,  Petitioners , v. THE COURT OF APPEALS and AURORA GUTIERREZ,  Respondents . Facts:    This is a petition for review on certiorari from the decision of Court of Appeals affirming the  unlawful detainer case instituted by  Aurora Gutierrez  against  Arturo P. Santos and Adelina Y. Santos. The subject apartment must be vacated on grounds that she needs the premises for her personal use and the necessity of repairs thereon, and that the petitioners were delinquent in the payment of rentals.Petitioners, in their "Answer with Counterclaim" admit that they are "the legitimate tenants and/or lessees of the  apartment with the present rental rate of P250.00 per month, on a month-to-month contract of lease. Issue :   Whether or not the respondent court erred in stating that a contract of lease of residential apartment involving a rental of P250.00 a month may be...

WELDON CONSTRUCTION vs MANUEL CANCIO Case Digest

TITLE WELDON CONSTRUCTION CORPORATION, petitioner, vs.COURT OF APPEALS (Second Division) and MANUEL CANCIO, respondents. March 7, 1961 FACTS The present controversy arose from the construction of the Gay Theater building on the corner of Herran and Singalong Streets in Manila. Petitioner WELDON CONSTRUCTION CORPORATION sued the private respondent Manuel Cancio in the then Court of First Instance of Manila to recover P62,378.82 Pesos, which is ten per (10%) of the total cost of construction of the building, as commission, and P23,788.32 Pesos as cost of additional works thereon. Then Court of First, instance of Manila ruled that the agreement between the parties is a contract of supervision of construction found in Exhibit "A" and ordered the theater-owner Cancio to pay the ten per cent (10%) supervision fee or commission provided for in said contract. On appeal by the defendant Cancio, the Court of Appeals reversed the lower court's Decision and dism...

SERRANO vs CENTRAL BANK OF THE PHILIPPINES Case Digest

TITLE MANUEL M. SERRANO, petitioner, vs. CENTRAL BANK OF THE PHILIPPINES; OVERSEAS BANK OF MANILA; EMERITO M. RAMOS, SUSANA B. RAMOS, EMERITO B. RAMOS, JR., JOSEFA RAMOS DELA RAMA, HORACIO DELA RAMA, ANTONIO B. RAMOS, FILOMENA RAMOS LEDESMA, RODOLFO LEDESMA, VICTORIA RAMOS TANJUATCO, and TEOFILO TANJUATCO, respondents. February 14, 1980 FACTS On October 13, 1966 and December 12, 1966, petitioner made a time deposit, for one year with 6% interest, of P150,000.00 with the respondent Overseas Bank of Manila.  Concepcion Maneja also made a time deposit, for one year with 6-½% interest, on March 6, 1967, of Two Hundred Thousand Pesos (P200,000.00) with the same respondent Overseas Bank of Manila. On August 31, 1968, Concepcion Maneja, married to Felixberto M. Serrano, assigned and conveyed to petitioner Manuel M. Serrano, her time deposit of P200,000.00 with respondent Overseas Bank of Manila. Notwithstanding series of demands for encashment of the aforem...

PIO SAN MELIZZA vs CITY OF ILOILO Case Digest

TITLE Pio San Melizza, petitioner, vs. City of Iloilo, University of the Philippines and The Court Appeals, respondents. FACTS Juliana Melliza a land with a total area of Lot No. 1214 was 29,073 square meters. She donated part of the land to the City of Iloilo and sold the remaining part to Remedios Sian Villanueva. Remedios in turn on November 4, 1946 transferred her rights to said portion of land to Pio Sian Melliza, who obtained Transfer Certificate of Title No. 2492 thereover in his name. On December 10, 1955 Pio Sian Melliza filed an action in the Court of First Instance of Iloilo against Iloilo City and the University of the Philippines for recovery of Lot 1214-B or of its value.  The defendants answered, contending that Lot 1214-B was included in the public instrument executed by Juliana Melliza in favor of Iloilo municipality in 1932. After stipulation of facts and trial, the Court of First Instance rendered its decision on August 15, 1957, dismissing the com...

OCAMPO vs HON. CONRADO V. SANCHEZ Case Digest

TITLE Jose M. Ocampo, petitioner, vs. Hon. Conrado V. Sanchez.etc., et  al., respondents. FACTS Mr. Jose M. Ocampo, the Petitioner, is the owner of two parcels of land located in Quiapo, Manila. On December 29, 1948, he leased said property to Vicente Uy. Mr.Vicente Uy erected a bldg. in the said property with the agreement that the bldg. would become a property of Mr. Ocampo after the expiration of ten years. The failure of Mr. Uy to comply with his obligations under said contract of lease, Mr. Ocampo filed a complaint in the lower court that the contract of lease be cancelled and that the building constructed on the land by Uy be declared forfeited in favor of Ocampo, and the settlement of all the unpaid accounts of Mr. Uy. Both parties submitted a compromised agreement to the lower court and the said agreement was approved. On June 13, 1953, Ocampo filed with the Court of First Instance of Manila a motion alleging that Uy had failed his obligations w...

BORCENA vs INTERMEDIATE APPELIATE COURT Case Digest

TITLE Modesta Borcena, AntonioGimeno  Jr., Estela Gimeno, Rolando Gimeno, Edgardo Gimeno and Anelia Gimeno, petitioners, vs. INTERMEDIATE APPELLATE COURT, Hon. Clemente D. Paredes, Romulo C. Basa, Leovino Legaspi and Hon. Zotico Tolete respondents. FACTS -           On July 6, 1981, the petitioners, engaged the legal services of respondent Gil P. de Guzman with the condition that they will give a total of 25% of their claim as for the attorney’s fee. -           On this same date, respondent de Guzman filed a complaint for damages against the Metropolitan Waterworks and Sewerage System. -           On June 18, 1982, Atty. de Guzman filed a motion for preliminary attachment praying that an order be issued attaching properties of the defendants amounting to P710,000.00 plus 20% thereof representing attorney's fees, ...