Case Digest (G.R. No. L-2534)
Facts:
- The case involves a dispute over the ownership of several parcels of land in Pangasinan, Philippines.
- The plaintiffs, Lino Gorospe and others, entrusted Amadeo Millan with the task of purchasing the land on their behalf in 1913.
- Amadeo Millan purchased eight parcels of land in the plaintiffs' names and gave them immediate possession.
- However, Amadeo Millan registered the land in his own name and later in the name of his heirs through fraudulent means.
- The plaintiffs discovered the fraud and requested that Amadeo Millan or his heirs transfer the land to them, but they failed to do so.
- As a result, the plaintiffs filed a lawsuit seeking the transfer of the land and damages amounting to P1,000.
Issue:
- (Unlock)
Ruling:
- The court ruled in favor of the defendants and confirmed the dismissal of the case.
- The dismissal due to the plaintiff's failure to appear is considered an adjudication upon the merits, re...(Unlock)
Ratio:
- The court based its decision on the current rules and regulations regarding the dismissal of a case due to the plaintiff's failure to appear.
- The court emphasized that the current regulations explicitly state that such dismissal shall have the effect of an adjudication on the merits, unless otherwise provided by the court.
- The court cited the commentary of the President of the Tribunal, which explained that the dismissal of a case upon the defendant's motion for the plaintiff's failure to appear ha...continue reading
Case Digest (G.R. No. L-2534)
Facts:
The case of Lino Gorospe y Otro vs. Luciano Millan y Otro was decided by the Supreme Court of the Philippines on October 13, 1950, under G.R. No. L-2534. The dispute arose from a complaint filed on August 11, 1941, in the Court of First Instance of Pangasinan. The plaintiffs, Lino Gorospe and another, alleged that in 1913, they entrusted Amadeo Millan with the task of purchasing land on their behalf, providing him with the necessary funds. Amadeo Millan subsequently acquired eight parcels of land, specifically lots numbered 3097, 3974, 3977, 3978, 3980, 3981, 4004, and 3973 in the Asingan, Pangasinan cadastre, for a total of P370.00. The plaintiffs claimed they were given immediate possession of these lots and had peacefully and adversely possessed them as owners. However, Amadeo Millan fraudulently registered the properties in his name, obtaining the corresponding titles, which were later transferred to his heirs. Upon discovering the fraud, the plaintiffs demanded that Amadeo Millan execute the necessary deed of transfer, to which he agreed but failed to fulfill before his death on September 12, 1927. The plaintiffs then sought the same from Amadeo Millan's heirs, the defendants in this case, who also promised to comply but did not. Co...