Digest LTD
Digest LTD
Digest LTD
Republic
Facts:
The subject parcels of land are located at Lahug, Cebu City. It was originally owned by Ismael D.
Rosales, Pantaleon Cabrera and Francisco Racaza. Subject parcels of land, together with seventeen (17)
others, were the subject of an expropriation proceeding initiated by the then Commonwealth of the
Philippine. Judge Felix Martinez ordered the initial deposit of P9,500 as pre-condition for the entry of
the lands sought to be expropriated. A decision was rendered condemning the parcels of land. However,
the title of the subject parcel of land was not transferred to the government. The land was subdivided
and T.C.T No. 11946 was cancelled and new titles were issued by the Register of Deeds of Cebu. Two
parcels were occupied by defendant- appellant. The defendant-appellant start construction of
townhouse on the subject parcels of land. Plaintiff- appellant filed the present case alleging that it is the
owner of the subject parcels of land by virtue of the 1938 Decision in the expropriation case, thus, T.C.T
Nos. 128187 and 128198 are null and void. It argued that defendant- appellant, had no right to possess
the subject properties because it was not its lawful owner. In its, Answer, defendant appellee claimed
that it was a buyer in good faith. It also claimed that there was no valid expropriation because it was
initiated by the executive branch without legislative approval. It also alleged that the expropriation was
never consummated because the government because the government did not actually enter land not
were the owners paid any compensation. The RTC