Title
Ibay vs. Intermediate Appellate Court
Case
G.R. No. 67279
Decision Date
Jun 3, 1992
In the case of Ibay v. Intermediate Appellate Court, the court declares the transfer of rights from Rosita Abando to Vicente Ibay as invalid due to violation of the People's Homesite and Housing Corporation's policy, resulting in Ibay being ordered to vacate the premises and pay for the use and occupation of the property.
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Case Digest (G.R. No. 67279)

Facts:

  • The case involves petitioner Vicente Ibay and respondents Atanacio Abando and Rosita T. Abando.
  • The dispute is over a parcel of land originally owned by the People's Homesite and Housing Corporation (PHHC) in Quezon City.
  • On July 22, 1959, Atanacio Abando transferred his rights to half of the lot to his daughter, Rosita Abando.
  • Rosita Abando sold her rights to Vicente Ibay on January 28, 1960, for P4,500.
  • Ibay took possession of the property and made significant improvements.
  • PHHC disapproved the transfer because Ibay already owned another PHHC lot, making him ineligible to acquire another under PHHC policy.
  • Despite the disapproval, Ibay continued to occupy the property.
  • On August 16, 1971, the Abandos obtained a transfer certificate of title for the lot and demanded that Ibay vacate the premises.
  • Ibay refused, leading the Abandos to file a complaint for recovery of possession in the Court of First Instance of Rizal, which ruled in favor of the Abandos.
  • Ibay appealed to the Intermediate Appellate Court, which affirmed the lower court's decision.
  • Ibay then petitioned the Supreme Court for review.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled that the transfer of rights from Rosita Abando to Vicente Ibay was invalid due to the disapproval of the PHHC.
  • The adve...(Unlock)

Ratio:

  • The transfer of rights was invalid because it lacked the necessary approval from the PHHC, which was explicitly required by PHHC policy.
  • At the time of the transfer, Rosita Abando was not yet the owner of the lot, and the PHHC's approval was essential for the transfer to be valid.
  • The PHHC disapproved the transfer because Ibay was already the holder of another PHHC lot, making him ineligi...continue reading

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