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    Bermudo Vs Ca Facts:: Specpro Digest - Midterm

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    Angelic Archer
    Tom Chow and Go Se Pieng obtained a judicial decree registering them as co-owners of Lot 776. Bermudo later filed a petition to reconstitute the lost title, claiming half of the lot. The trial court allowed reconstitution and issued Bermudo a new title, but the Chinese Nationalist Party alleged the reconstitution was obtained fraudulently and without notice to the actual occupants. The Court of Appeals annulled Bermudo's title, finding he did not acquire valid title. While Bermudo's procedural arguments have merit, his claim to half the lot is unclear as the Nationalist Party's ownership is unproven and acquisition may have violated corporation laws. An escheat proceeding is needed

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    Bermudo Vs Ca Facts:: Specpro Digest - Midterm

    Uploaded by

    Angelic Archer
    220 views2 pages
    Tom Chow and Go Se Pieng obtained a judicial decree registering them as co-owners of Lot 776. Bermudo later filed a petition to reconstitute the lost title, claiming half of the lot. The trial court allowed reconstitution and issued Bermudo a new title, but the Chinese Nationalist Party alleged the reconstitution was obtained fraudulently and without notice to the actual occupants. The Court of Appeals annulled Bermudo's title, finding he did not acquire valid title. While Bermudo's procedural arguments have merit, his claim to half the lot is unclear as the Nationalist Party's ownership is unproven and acquisition may have violated corporation laws. An escheat proceeding is needed

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    Bermudo vs CA

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    Tom Chow and Go Se Pieng obtained a judicial decree registering them as co-owners of Lot 776. Bermudo later filed a petition to reconstitute the lost title, claiming half of the lot. The trial court allowed reconstitution and issued Bermudo a new title, but the Chinese Nationalist Party alleged the reconstitution was obtained fraudulently and without notice to the actual occupants. The Court of Appeals annulled Bermudo's title, finding he did not acquire valid title. While Bermudo's procedural arguments have merit, his claim to half the lot is unclear as the Nationalist Party's ownership is unproven and acquisition may have violated corporation laws. An escheat proceeding is needed

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    220 views2 pages

    Bermudo Vs Ca Facts:: Specpro Digest - Midterm

    Uploaded by

    Angelic Archer
    Tom Chow and Go Se Pieng obtained a judicial decree registering them as co-owners of Lot 776. Bermudo later filed a petition to reconstitute the lost title, claiming half of the lot. The trial court allowed reconstitution and issued Bermudo a new title, but the Chinese Nationalist Party alleged the reconstitution was obtained fraudulently and without notice to the actual occupants. The Court of Appeals annulled Bermudo's title, finding he did not acquire valid title. While Bermudo's procedural arguments have merit, his claim to half the lot is unclear as the Nationalist Party's ownership is unproven and acquisition may have violated corporation laws. An escheat proceeding is needed

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    SpecPro Digest Midterm

    Bermudo vs CA
    Facts:
    Tom Chow & Go Se Pieng claimant of lot 776 [505sq m]
    - obtained a judicial decree of registration as co-owners in
    fee simple
    - were issued: OCT 10256 [11-3-1932]
    - [before issuance of decree and titles] professed: mere
    trustees of the Chinese Nationalist Party
    Chinese Nationalist party acquired from: Philippine Refining
    Company
    - 9-4-1940 TCT was issued
    Bermudo filed a petition for the reconstitution of OCT 10256
    - alleged: vendee of the pro-indiviso of Lot 776
    - annexed with the petition: Certification book containing
    said OCT was destroyed; no owners duplicate was issued to
    anybody
    TC
    - allowed the reconstitution
    - Tom Chow & Go Se Pieng were owners
    - Cristina vda de chow transferred all the interests and
    participation of Tom to P Bermudo
    Bermudo & Go owners equal undivided shares [TCT 1948]
    Party filed a petition for relief
    - prayed: annulment & an order to cancel TCT 1948
    - alleged:
    1. reconstitution obtained through fraud
    [r] no notice of hearing of the petition, inspite:
    Bermudo had personal knowledge that the lot has
    been owned and possessed of the party for more
    than 30 yrs [TCT 858]
    2. knew the order only on Jan 5, 1965 when
    occupants been filed with an ejectment case by P
    Bermudo
    Bermudo averred:
    1] notice duly published
    2] not know of partys participation in the land
    3] party no legal capacity to sue
    4] land not the same land as subject matter of the case
    5] petition for relief pro forma; intended merely to delay
    TC

    - set aside: order to reconstitute


    - annulled and cancelled TCT 1948
    - declared TCT 858 in force and effect
    CA

    - dismissed the petition P Bermudo did not acquire a legal


    and valid title over the lot
    - not entitled to seek reconstitution
    PROCEDURAL STANDPOINT
    Petitioner is correct CA acted beyond its authority [upholding
    TC]
    - Order of reconstitution
    final and executory when the party filed it petition
    for relief
    also executed upon issuance of OCT 10256 &
    subsequent issuance of TCT 1948
    Petition for Relief not proper [r] court not anymore in control of
    the proceedings
    - cannot anymore be entertained [r] court deprived of J
    over the case
    - granted only in exceptional cases [premised: equity]
    Partys remedy: RA 26, Section 19
    Partys improper remedy does not allow P Bermudo to claim
    interest of the lot
    [r] acted in BF in seeking reconstitution
    - residing adjacent to the lot but did not give notices
    of hearing [actual and personal notice] to its actual
    occupants
    - did not present wss Crisitian vda de Chow to rebut
    Magdalenas testimony
    Partys claim over the lot unclear
    - allegedly acquired from PRC but 2 trustees obtained an
    OCT over it
    - in judicial decree of reg Tom & Go claimed it as owners
    even if they later on claimed merely as trustees before issuance of
    judicial decree and OCT
    - cannot aquire the lot [r] 1935 prohibits them; 60% of which
    is owned by Filipinos
    - assuming it can acquire: still, it is delimited by Corp Law,
    Sec 13[5] only allowed if it carries out the purposes for which it
    was created
    [t] necessary to prove: ownership was necessary so it
    can undertake its aim as a civil association
    - delayed reorganization and registration with the SEC as a
    corporation

    To settle: Government must


    proceeding [Rule 91, Section 5]
    - to be personally notified:
    1] all interested parties
    2] actual occupants

    initiate

    an

    Escheat

    3] adjacent land owners


    4] Bermudo
    - to present their valid claims
    - otherwise: reversion to the State

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