Professional Documents
Culture Documents
17 - Estreller V Ysmael
17 - Estreller V Ysmael
** The Court of Appeals is deleted from the title pursuant to Section 4, Rule
45 of the Rules of Court.
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with does not adversely affect the validity of the contract or the
contractual rights and obligations of the parties thereunder.
Presidential Decree (P.D.) No. 1517 and Presidential Decree
(P.D.) No. 2016 extends only to landless urban families who meet
these qualifications: a) they are tenants as defined under Section
3(f) of P.D. No. 1517, b) they built a home on the land they are
leasing or occupying, c) the land they are leasing or occupying is
within an Area for Priority Development and Urban Land Reform
Zone, and d) they have resided on the land continuously for the
last ten (10) years or more.In Dimaculangan v. Casalla, 524
SCRA 181 (2007), the Court was emphatic in ruling that the
protective mantle of P.D. No. 1517 and P.D. No. 2016 extends only
to landless urban families who meet these qualifications: a) they
are tenants as defined under Section 3(f) of P.D. No. 1517 b) they
built a home on the land they are leasing or occupying c) the land
they are leasing or occupying is within an Area for Priority
Development and Urban Land Reform Zone and d) they have
resided on the land continuously for the last 10 years or more.
Republic Act (R.A.) No. 7279 Republic Act (R.A.) No. 7279
provides for the procedure to be undertaken by the concerned local
governments in the urban land development process, to wit:
conduct an inventory of all lands and improvements within their
respective localities, and in coordination with the National
Housing Authority, the Housing and Land Use Regulatory Board,
the National Mapping Resource Information Authority, and the
Land Management Bureau, identify lands for socialized housing
and resettlement areas for the immediate and future needs of the
underprivileged and homeless in the urban areas, acquire the
lands, and dispose of said lands to the beneficiaries of the
program.R.A. No. 7279 provides for the procedure to be
undertaken by the concerned local governments in the urban land
development process, to wit: conduct an inventory of all lands and
improvements within their respective localities, and in
coordination with the National Housing Authority, the Housing
and Land Use Regulatory Board, the National Mapping Resource
Information Authority, and the Land Management Bureau
identify lands for socialized housing and resettlement areas for
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case, which are Lots 2 and 3. They claim that there exists
another title covering the subject property, i.e., TCT No.
41698 in the names of Victoria M. Panganiban and Teodoro
M. Panganiban.
Notably, TCT No. 41698 in the name of the Ysmael
Heirs covers several parcels of land under Subd. Plan Psd
No. 33309. These include: Lot 2, Block 4 Lot 3, Block 4
and Lot 6, Block 4, each of which contains 1,000 square
meters. In the Decision dated August 30, 1974 rendered by
the RTC of Quezon City, Branch 9, in Civil Case No. Q
8426, the ownership of 200 square meters of Lot 2, Block 4
250 square meters of Lot 3, Block 4 and the full 1,000
square meters of Lot 6, Block 4, was conferred on Alvarez.
A Deed of Absolute Sale dated May 1985 was later
executed by the Ysmael Heirs in favor of Alvarez, but it
covered only Lot 6, Block 4. Nevertheless, a Memorandum
of Agreement dated May 2, 1991 was subsequently entered
into by the Ysmael Heirs and Alvarez, whereby all three
apportioned parcels of land allocated to Alvarez under the
RTC Decision dated August 30, 1974, were finally sold,
transferred and conveyed to her. Evidently, while the title
was yet to be registered in the name of Alvarez, for all
intents and purposes, however, the subject property was
already owned by her. The Ysmael Heirs are merely naked
owners of the property, while Alvarez is already the
beneficial or equitable owner thereof and the right to the
gains, rewards and advantages generated by the property
pertains to her.
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13Agasen v. Court of Appeals, G.R. No. 115508, February 15, 2000, 325
SCRA 504.
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ChicoNazario,
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20City of Mandaluyong v. Aguilar, G.R. No. 137152, January 29, 2001,
350 SCRA 487.
21Records, p. 50.
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