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11īy virtue of the said Kasulatan ng Bilihang Ganap, a certificate of title covering the 300-square meter portion of Lot 965 was issued in the name of Agrifina under TCT. Notably, the same agreement was executed and signed by Felicidad, Alfredo, including Jose, among others, on April 2, 1980, or four years after Jose's death in 1976. 11993.Īfter the death of Jose, his wife, Felicidad, together with Jose's brother, Alfredo Arciaga (Alfredo), caused the execution of a Kasulatan ng Bilihang Ganap dated April 2, 1980, 10 which involved the absolute sale of Lot 965 in favor of Agrifina, a certain Emilia Fresnedi (Emilia), and Artemio Arciaga (Artemio).
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9Ĭomplaint for Annulment of Deed of Absolute Sale, Reconveyance of Real Property Civil Case No. The title to the property had not been transferred to either Florentino or Agrifina even after Jose's demise on November 25, 1976. 8 In view of her purchase of the subject property, Agrifina erected her house thereon and other improvements, such as a three-door apartment and a store. Subsequently, on January 12, 1971, Florentino sold the said 300-square meter portion of Lot 965 to Agrifina, as evidenced by a Kasulatang Tapos at Lubos na Bilihan ng Piraso ng Lupa dated January 12, 1971. 7 Despite full payment of the purchase price, Jose allegedly failed to deliver and transfer the title of the 300-square meter portion of Lot 965 in the name of Florentino.
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On January 8, 1969, Florentino paid the remaining balance of P1,000.00 to Jose's wife, Felicidad Fulgencio (Felicidad). Na ang natitirang P1,000.00 hulihan o para sa hustong kabayaran ng nabanggit na lupa ay babayaran ng IKALAWANG BAHAGI matapos na kaniyang tanggapin sa UNANG BAHAGI ang titulo na nakatala na sa kanilang pangalan x x x 6 Na matapos na pagtibayin ito ang UNANG BAHAGI ay tatanggap sa IKALAWANG BAHAGI ng halagang LIMANG LIBO (P5,000.00) PISO, Salaping Pilipino, bilang paunang bayad: 5 The said Kasunduan ng Bilihan states in part: On September 4, 1968, Jose sold a 300-square meter portion of Lot 965 to Ricardo Florentino (Florentino) for P6,000.00, as evidenced by a Kasunduan ng Bilihan dated September 4, 1968. S-59600 and registered with the Registry of Deeds of the Province of Rizal. Respondents, on the other hand, are the heirs of Jose Arciaga (Jose), one of the registered owners of a parcel of land known as Lot 965, Friar Land Estate, with an area of 950 square meters and previously covered by Transfer Certificate Title (TCT) No. Petitioners Florante Villaroman and Carlos Villaroman are the heirs of Agrifina Cawili Vda. 00-113 on grounds of res judicata and forum shopping. 94721, which granted the respondents’ appeal and dismissed the petitioners' complaint for specific performance in Civil Case No. This Petition for Review on Certiorari 1 seeks the reversal of the SeptemDecision 2 and the JanuResolution 3 of the Court of Appeals (CA) in CA G.R. ESTATE OF JOSE ARCIAGA AND FELICIDAD FULGENCIO REPRESENTED BY THEIR HEIRS, ANICIA, DANILO, ROMEO, ORLANDO, MERCEDITA, EULALIA, ADRIANO, FERNANDO, AND EDGARDO, ALL SURNAMED ARCIAGA, RESPONDENTS. FLORANTE VILLAROMAN AND CARLOS VILLAROMAN, PETITIONERS, VS.