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This is a Petition for Review of a Decision dated 16 March rendered by the respondent appellate court in C. Petitioners claimed that they were owners of these parcels of land having acquired them by inheritance from Cristeta Emnace Alcos, Atlas consolidated mining corporation of petitioner Emiliano Alcos and mother of the other petitioners, upon her death in August Atlas consolidated mining corporation Private respondent Cavada, in turn, claimed that he and his deceased wife had acquired the parcels of land in question last 2 May by virtue of a Deed of Absolute Sale executed by petitioner Emiliano Alcos and his deceased wife Cristeta Emnace Alcos in consideration of P4, Respondent Cavada also raise the defenses of prescription and laches.
The dispositive portion of the lower court's Decision read as follows: Declaring Plaintiffs the absolute owners of the five 5 parcels of land in litigation, entitled to their possession and full enjoyment; 2. Ordering Defendants to vacate the said parcels of land and turn over the possession thereof to plaintiffs; 3.
Declaring all the improvements introduced in the litigated parcels of land as belonging to plaintiffs, pursuant to Article of the New Civil Code; 4. Ordering defendants to pay, jointly and severally, the plaintiffs a minimum monthly rental of Ten Centavos P0.
Ordering defendants to pay jointly and severally, the plaintiffs the amount of One Hundred Forty Thousand Pesos P, Ordering defendants to pay, jointly and severally, the plaintiffs the amount of Seventy Thousand Pesos P70, Ordering defendants to pay, jointly and severally, the plaintiffs the amount of Ten Thousand Pesos P10, Ordering defendants to pay, jointly and severally, the plaintiffs the amount of Ten Thousand Pesos P10, as litigation expenses; and 9.
Ordering defendants to pay, jointly and severally, the plaintiffs, the costs of this suit. On 16 Marchthe Court of Appeals, through Mr. Coquia, rendered a Decision reversing the decision of the Regional Trial Court and dismissing the complaint filed by petitioners. The five parcels of land are all located at Cantabaco, Toledo City.
The first parcel of land has an area of 6.
The said parcels were not titled and identified by tax declarations. The plaintiffs alleged that the defendant Atlas Consolidated Mining and Development Corporation entered into the possession and claimed ownership of the above described parcels of land by virtue of deeds of sale allegedly executed by defendant Blas Cavada.
According to the said plaintiffs, they have not executed any document conveying ownership of the parcels of land in question to Cavada and any document transferring title or ownership thereof is a forgery.
Cavada alleged that the aforesaid parcels of land were sold by Emiliano Alcos with the consent of his wife Cristeta Emnace Alcos. In fact all the documents supporting the ownership of the Alcoses were delivered to him and thereafter, he took possession of said parcels of land and benefited from the fruits thereof without any disturbance from any person.
Attorney Delfin Mercader, the Notary Public who notarized the deed of sale affirmed the execution of the deed of sale which was acknowledged by the vendors and the instrumental witnesses in his presence on May 2, The amount of P4, The said promissory note was paid on installments as shown in a series of communications as follows: On June 29,Alcos reminded Cavada of his debt even in the amount of P2, He acknowledged the receipt of P On August 9, Cavada wrote Alcos mentioning that he enclosed two postal money orders in the total amount of P On September 3,Cavada sent another postal money order in the amount of P On October 7,Cavada wrote Alcos explaining why he failed to visit him.
He also enclosed a postal money order in the amount of P Finally on February 24,Cavada paid the balance of P The full amount of P4, These tax declarations were revised due to some transactions made by Cavada to other persons including the herein defendant Atlas.
Thus, Tax Declaration No. The said tax declaration No. This tax declaration was revised and replaced with Tax Dec. Atlas paid the corresponding realty taxes Exhs.
Headquarters from to On March 25,Blas Cavada sold to Atlas 3.Jun 27, · Atlas Consolidated Mining and Development Corporation (Atlas) was incorporated in Atlas is listed on the Philippine Stock Exchange (PSE) and was, until May , listed on the American Stock Exchange (AMEX). atlas consolidated mining and development corporation September – Present (6 years 1 month) Manila Philippines Holding Company of resource-based assets.
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Atlas Consolidated Mining (PSE:AT) attempts to breakout today as copper prices in the world market also rise. The stock met its resistance near If AT will close above , the next resistance would be near followed by In Commissioner of Internal Revenue vs.
Court of Appeals and Atlas Consolidated Mining and Development Corporation (the second Atlas case), the CIR contended that the refund should be based on Sections 1 and 2 of RA , not Sections and of the NIRC of Atlas Consolidated Mining And Development Corporation(ATLAS) was incorporated in Atlas is listed on the Philippine Stock Exchange (PSE) and was, until May , listed on the American Stock Exchange (AMEX).