Case Digest (G. R. No. 42960)
Facts:
- The case G.R. No. 42960 involves Bonifacio Fernandez (plaintiff/appellant) and Nicolas Dayan (defendant/appellee).
- The dispute concerns ownership of a parcel of land in the Philippines, with the decision rendered on February 16, 1936.
- Bonifacio claimed the land was conveyed to him by Maximo Dayan and Maria Belsonda, the deceased parents of Nicolas Dayan, as indemnity for damages from the loss of another land.
- The original owners failed to repurchase the land or return the P4,000 received, as they sold it to the Peoples Bank and Trust Company.
- Bonifacio alleged he was ejected from the land by Nicolas a few months after occupying it.
- Nicolas presented evidence that the land never belonged to his parents and that he purchased it for P4,000 from Petronilo Fernandez and Matea Gesmundo, who had a certificate of title since 1928.
- The lower court dismissed Bonifacio's complaint, leading to his appeal claiming the court erred in its decision and in not ordering indemnification for the P4,000.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the lower court's decision, ruling that Bonifacio Fernandez was not the rightful owner of the land.
- The dismissal of his complaint was justifi...(Unlock)
Ratio:
- The court's ruling emphasized that a valid transfer of real property requires a written document executed in a public instrument, as per Section 127 of Act No. 496 and Section 335 of Act No. 190.
- Bonifacio's claim was based on an unsubstantiated promise from the original owners, lacking a...continue reading
Case Digest (G. R. No. 42960)
Facts:
The case G.R. No. 42960 involves Bonifacio Fernandez as the plaintiff and appellant, and Nicolas Dayan as the defendant and appellee. The events leading to this case unfolded in the Philippines, with the decision rendered on February 16, 1936. The dispute centers around the ownership of a parcel of land described in paragraph 8 of the complaint. The plaintiff claimed that the land was conveyed to him by the original owners, Maximo Dayan and Maria Belsonda, who were the deceased parents of the defendant. This conveyance was purportedly made as indemnity for damages suffered by the plaintiff due to the loss of another parcel of land, which had been sold to him with a pacto de retro. However, the original owners failed to repurchase the land or return any part of the P4,000 they received, as they had also sold it to the Peoples Bank and Trust Company. The plaintiff further alleged that he was ejected from the land by the defendant a few months after occupying it with his family. In contrast, the defendant presented evidence that the land had never belonged to his parents and that he had purchased it for P4,000 from Petronilo Fernandez and Matea Gesmundo, who had obtained an original certificate of t...