Case Digest (G.R. No. 9865)
Facts:
Vergo D. Tufexis v. Francisco Olaguera and the Municipal Council of Guinobatan, G.R. No. 9865, December 24, 1915, the Supreme Court, Torres, J., writing for the Court. Counsel for Vergo D. Tufexis (plaintiff-appellant) sued Francisco Olaguera and the Municipal Council of Guinobatan, represented by its president Agapito Paulate (defendants-appellees), seeking possession and use of land and the right to reconstruct a public market building in conformity with a government concession (Exhibit A), removal of defendants' obstructions, monthly damages from March 1, 1912, and costs.The complaint alleged that on September 30, 1911 plaintiff purchased at public execution sale the market building and all rights of Ricardo Pardo y Pujol; that the original concession had been granted to Ricardo Pardo y Cabanas (the debtor’s father); that the building burned on January 2, 1912; that the municipal council negotiated in bad faith to purchase plaintiff’s rights and, without plaintiff’s consent and in collusion with Olaguera, authorized Olaguera to occupy the land and put up booths and other uses. Plaintiff attached Exhibit A (the 1884 concession) and claimed title or possession under it and by purchase at execution.
The provincial fiscal, appearing for the municipality, demurred on grounds that plaintiff lacked personality to sue and that the complaint failed to state a cause of action: the concession was personal to the original grantee and not shown to be transferable to plaintiff; the market building and land belonged to the municipality and, having been destroyed, any right tied to the building had ceased unless a new concession were granted. On August 25, 1913 the Court of First Instance of Albay sustained the demurrer, allowed ten days to amend, and warned that failure to amend would result in dismissal. Plaintiff’s counsel refused to amend, invoked section 101 of the Code of Civil Procedure and requested judgment; on September 1, 1913 the trial court dismissed t...(Subscriber-Only)
Issues:
- Did the plaintiff have the legal personality to maintain the action based on his purchase at execution of the property and rights of Ricardo Pardo y Pujol?
- Could the market building, the land on which it stood, or the special administrative concession/usufruct granted to Ricardo Pardo y Cabanas (and enjoyed by his heir) be attached and sold to satisfy a d...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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