Case Summary (G.R. No. L-2168)
Background of the Transaction
On April 18, 1944, Antonio Quirino, acting as a broker for Teofilo Rivera, made a written offer to purchase the property from Raymunda Santos, an offer which was confirmed by Santos's attorney-in-fact, Jose F. Zamora, on June 15, 1944. Subsequently, Ambrosio Padilla made a competing offer on June 16, 1944, which was accepted by Quirino. On June 17, 1944, Jose Zamora sold the land to Celso Icasiano for P499,250.
Legal Proceedings Initiated
Following the sale, Rivera initiated legal action against Santos and Zamora for specific performance of his earlier agreement. Icasiano intervened in these proceedings on September 6, 1944, asserting his ownership stemming from the sale. However, Icasiano later filed a motion on June 22, 1946, requesting the issuance of a new certificate of title, claiming that the original documents had been destroyed during the war.
Orders and Jurisdictional Questions
The petition for certiorari was directed against an order by Judge Bienvenido Tan which set aside a prior order by Judge Eulalio Garcia that had directed the reconstruction of Icasiano’s title. The petitioner did not claim that Tan acted outside of his jurisdiction, notwithstanding that he was seeking to overturn a decision made by a predecessor judge in the same court.
Evidence and Discretion of the Court
Icasiano contended that he was denied an opportunity to present evidence to prove he had not committed fraud when applying for the title. The court asserted that the taking of evidence is within the discretion of the judge and that the failure to notify all interested parties prior to the initial order rendered the order void. The motion to set aside was processed with adequate notice to Icasiano, who had ample opportunity to contest the claims.
Claims Regarding Title and Subsequent Sale
The court noted that after obtaining his title, Icasiano sold the property to Emerito Ramos, who later mortgaged it. Neither Ramos nor the Philippine Trust Company participated in the legal proceedings challenging Icasiano's claim to the title. The lack of their involvement posed questions regarding the legitim
...continue readingCase Syllabus (G.R. No. L-2168)
Case Background
- The case involves a petition for certiorari filed by Celso Icasiano against Bienvenido Tan, the Judge of the Court of First Instance of Rizal, and Teofilo Rivera, with Ambrosio Padilla also as a respondent.
- The petition seeks to review an order dated February 28, 1948, that set aside a previous order issued on July 25, 1946, by Judge Eulalio Garcia.
- Judge Garcia's order had directed the register of deeds of Rizal to reconstruct original Certificate of Title No. 24486 and issue a new title in the name of Celso Icasiano as the purchaser of the land.
Facts of the Case
- Raymunda Santos owned a registered tract of land in Quezon City measuring 249,625 square meters, managed by her attorney-in-fact, Jose F. Zamora.
- On April 18, 1944, Antonio Quirino, acting as a broker for Teofilo Rivera, made a written offer to purchase the land at P1.70 per square meter. This offer was accepted by Zamora on June 15, 1944.
- Following this, on June 16, 1944, Ambrosio Padilla sent a higher written offer to Quirino to buy the same property for P2.00 per square meter, totaling P526,762, which Quirino accepted.
- On June 17, 1944, Jose Zamora sold the land to Celso Icasiano for P499,250 in what appeared to be an absolute sale.
- On the same day, Teofilo Rivera filed an action for specific performance against Raymunda Santos and Jose Zamora, claiming they refused to consummate the sale per his earlier offer.
- Celso Icasiano intervened in the action on September 6, 1944, informing the court of his pur