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Showing posts with the label OBITER DICTUM

AYALA CORPORATION vs. ROSA-DIANA REALTY AND DEVELOPMENT CORPORATION | G.R. No. 134284 | December 1, 2000

AYALA CORPORATION vs. ROSA-DIANA REALTY AND DEVELOPMENT CORPORATION G.R. No. 134284, December 1, 2000   Facts Petitioner Ayala Corporation was the registered owner of a parcel of land located in Alfaro Street, Salcedo Village, Makati City. On April 20, 1976, Ayala sold the lot to Manuel Sy married to Vilma Po and Sy  Ka Kieng married to Rosa Chan.  The Deed of Sale executed between Ayala and the buyers contained Special Conditions of Sale and Deed Restrictions.  Among the Special Conditions of Sale were: a) the vendees shall build on the lot and submit the building plans to the vendor before September 30, 1976 for the latter‘s approval b) the construction of the building shall start on or before March 30, 1977 and completed before 1979.  Before such completion, neither the deed of sale shall be registered nor the title released even if the purchase price shall have been fully paid and c) there shall be no resale of the property.  Issue Wh...

OFFICE OF THE OMBUDSMAN vs. COURT OF APPEALS | G.R. No. 146486 | March 4, 2005

OFFICE OF THE OMBUDSMAN vs. COURT OF APPEALS G.R. No. 146486, March 4, 2005  Facts The enumeration in the Constitution of the impeachable officers is exclusive. The Ombudsman is only one man, not including his Deputies. Thus, only the Ombudsman, not his deputies, is impeachable.  On 29 December 1999, twenty- two officials and employees of the Office of the Deputy Ombudsman for the Visayas, led by its two directors, filed a complaint with the Office of the Ombudsman requesting an investigation on the basis of allegations that then Deputy Ombudsman for the Visayas, herein private respondent Arturo Mojica, committed (1) sexual harassment against Rayvi Padua- Varona, mulcting money from confidential employees: James Alueta and Eden Kiamco and (3) oppression against all employees in not releasing P7,200.00 in benefits of OMB- Visayas employees on the date the said amount was due for release. Fact-finding investigation was conducted by the Office of the Ombudsman and ...

VILLANUEVA vs. COURT OF APPEALS | G.R. No. 142947 | March 19, 2002

VILLANUEVA vs. COURT OF APPEALS G.R. No. 142947, March 19, 2002  Facts In April 1988, Orly married Lilia before a trial court judge in Puerto Princesa. In November 1992, Orly filed to annul the marriage. He claimed that threats of violence and duress forced him to marry Lilia. He said that he had been receiving phone calls threatening him and that Lilia even hired the service of a certain Ka Celso, a member of the NPA, to threaten him. Orly also said he was defrauded by Lilia by claiming that she was pregnant hence he married her but he now raises that he never impregnated Lilia prior to the marriage. Lilia on the other hand denied Orly‘s allegations and she said that Orly freely cohabited with her after the marriage and she showed 14 letters that shows Orly‘s affection and care towards her.  Issue Whether or not there is duress and fraud attendant in the case at bar.  Ruling The SC ruled that Orly‘s allegation of fraud and intimidation is unten...