Case Digest (G.R. No. 115981-82)
Facts:
Lagrosa v. Court of Appeals, G.R. Nos. 115981-82, August 12, 1999, Supreme Court Third Division, Gonzaga-Reyes, J., writing for the Court. Petitioner Ruben Lagrosa sought review of the Court of Appeals' January 7, 1994 decision affirming one Regional Trial Court judgment in Civil Case No. 93-65646 (in favor of spouses Romulo and Evelyn Arizapa-Banua) and reversing another Regional Trial Court judgment in Civil Case No. 92-62967 (in favor of respondent Ruben Lagrosa), after the two ejectment actions concerning the same 65-square-meter Paco, Manila lot were consolidated in the Court of Appeals.The dispute concerns title and possession of Lot No. 2, Block No. 29 (65 sq. m.) of the former Fabmar Estate awarded by the City of Manila in 1977 to Julio Arizapa under a land-for-the-landless program (a contract to sell payable over 20 years). Julio purportedly mortgaged his rights to Presentacion Quimbo in 1985; Quimbo later executed a Deed of Assignment of Mortgage in favor of Ruben Lagrosa. Julio died in 1987; his wife Josefa Albaytar died in 1988. Julio’s heirs executed an extrajudicial partition and renunciation in favor of their sister Evelyn Arizapa, who paid the City in full (January 8, 1990 receipt) and received a Deed of Sale and Transfer Certificate of Title No. 197603 in her name (April 8, 1991).
Two parallel proceedings followed. In Civil Case No. 93-65646 (Metropolitan Trial Court judgment affirmed by R.T.C. Branch 49), spouses Romulo and Evelyn Arizapa-Banua obtained ejectment relief against Lagrosa and others, ordering vacation, monthly compensation, and costs. In Civil Case No. 92-62967 (R.T.C. Branch 12 affirming Metropolitan Trial Court), Lagrosa obtained judgment against caretaker Cesar Orolfo ordering ejectment and arrear rentals. The Court of Appeals, after consolidation, reviewed both: it affirmed the R.T.C. decision favoring the Arizapa-Banuas (i.e., rejecting Lagrosa's claim) and reversed the R.T.C. decisi...(Subscriber-Only)
Issues:
- Is petitioner Ruben Lagrosa’s claim of possession, based on an alleged valid mortgage and assignment of mortgage, superior to the possessory right of Evelyn Arizapa-Banua?
- Did the Court of Appeals err in upholding Transfer Certificate of Title No. 197603 in the name of Evelyn Arizapa-Banua despite petitioner’s allegations of falsified extrajudicial partition and renunciation?
- Did the Court of Appeals err in ruling that Cesar Orolfo was the caretaker/representative of Evelyn Arizapa-Banua and in finding that he was...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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