Case Summary (G.R. No. 210766)
Procedural History
The court acquired jurisdiction over the case regularly, and both parties submitted their positions for decision. The judgment from the Court of First Instance in Pampanga dated December 26, 1930, was the basis for the appeal, leading to the proceedings in the higher court.
Judgment Details
The Supreme Court affirmed parts of the lower court’s judgment concerning Bernia Lots C, 4, and 5 as identified in Exh. "B-Kerr". Specifically, these lots correspond to Lots 8, 9, 11, 15, 13, 14, 15, and 16 in Exh. "29-Bernia", plan SWO-9233, Sheet No. 2. This affirmation includes Lot B of the same exhibit, assigning it to oppositor Ignacio Dimson and his wife.
Modification and Adjudication
The Supreme Court modified the lower court’s judgment regarding Lot 6-A of Exh. "B-Kerr”, equating it to Lot 18-a of Exh. "29-Bernia". This lot was adjudicated to Ignacio Dimson and his wife, conditional upon their payment of a proportionate share of expenses incurred for the publication of notices and related proceedings in Case No. 584, G.L.R.O. Record No. 23476, as stipulated under Act No. 3621, which amends Article 37 of Act No. 496.
Reservation of Rights
The decision reserves the right for the spouses Dimson to apply for the registration of a portion of Lot A indicated in Exh. "B-Kerr", plan psu-11330 Amd., SWO-No. 7476, situated north and eas
...continue readingCase Syllabus (G.R. No. 210766)
Case Background
- The case is identified by G.R. No. 35746, decided on March 28, 1934.
- The parties involved include applicants and appellants Jose M. Kerr and others, as well as oppositors and appellees from the intestate estate of the deceased Arturo Bernia.
Court Jurisdiction
- The Court acquired regular jurisdiction over the case, having considered the submissions from both parties.
- The Court's decision and order for judgment were filed on April 11, 1934.
Judgment Overview
- The judgment of the Court of First Instance of Pampanga, dated December 26, 1930, was affirmed in part and modified in part.
- The Court confirmed the adjudication of specific lots to the applicants Kerr, specifically:
- Bernia Lots C, 4, an