Case Digest (G.R. No. L-5872)
Facts:
Enrique Bernardo, et al. v. Crisostomo S. Bernardo and the Court of Appeals, G.R. No. L-5872. November 29, 1954, the Supreme Court En Banc, Reyes, J.B.L., J., writing for the Court.Petitioners Enrique Bernardo, his wife and children, sought review of the Court of Appeals' decision (No. 6677-R) which declared respondent Crisostomo S. Bernardo entitled to preference under Commonwealth Act No. 20 as amended by Commonwealth Act No. 539 in acquiring Lot No. 462-A (208 sq. m.) of the Capellania de Concepcion (Tambobong Estate), Malabon, Rizal.
Chronology: The Republic purchased the Capellania de Tambobong on December 31, 1947 under C.A. No. 539, which provides for subdivision and resale of acquired lands to "their bona fide tenants or occupants." The Rural Progress Administration (RPA) initially resolved on January 12, 1948 to recognize the petitioners as entitled to preference. Respondent Bernardo applied for the same lot to the RPA but contested the RPA award; he then filed suit in the Court of First Instance (CFI) of Rizal challenging the RPA decision and seeking declaration that he had the preferential right, ejectment of petitioners, and damages. The CFI ruled for Bernardo; the Court of Appeals affirmed that judgment. The Court of Appeals found that Bernardo’s parents and later Bernardo himself were lawful lessees from 1912 to 1947, paid rentals and taxes, and that Bernardo acquired ownership of the house on the lot in 1944; by contrast the petitioners occupied the premises by tolerance from about 1...(Subscriber-Only)
Issues:
- Did the Court of Appeals correctly rule that respondent Crisostomo S. Bernardo was entitled to preference to purchase the lot under Commonwealth Act No. 539?
- Was petitioner Enrique Bernardo a "bona fide occupant" entitled to purchase the lot under Commonw...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)