ching vs ca evidence case
Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION G.R. No. L-59731 January 11, 1990
ALFREDO CHING, petitioner, vs. THE HONORABLE COURT OF APPEALS & PEDRO ASEDILLO, respondents.
Joaquin E. Chipeco & Lorenzo D. Fuggan for petitioners.
Edgardo Salandanan for private respondent. PARAS, J.:
This is a petition for review on certiorari which seeks to nullify the decision of respondent Court of Appeals (penned by Hon. Rodolfo A. Nocon with the concurrence of Hon. Crisolito Pascual and Juan A. Sison) in CA-G.R. No. 12358-SP entitled Alfredo Ching v. Hon. M. V. Romillo, et al. which in effect affirmed the decision of the Court of First Instance of Rizal, now Regional Trial Court (penned by Judge Manuel V. Romillo, Jr. then District Judge, Branch XXVII Pasay City) granting ex-parte the cancellation of title registered in the name of Ching Leng in favor of Pedro Asedillo in Civil Case No. 6888-P entitled Pedro Asedillo v. Ching Leng and/or Estate of Ching Leng.
The facts as culled from the records disclose that:
In May 1960, Decree No. N-78716 was issued to spouses Maximo Nofuente and Dominga Lumandan in Land Registration Case No. N-2579 of the Court of First Instance of Rizal and Original Certificate of Title No. 2433 correspondingly given by the Register of Deeds for the Province of Rizal covering a parcel of land situated at Sitio of Kay-Biga Barrio of San Dionisio, Municipality of Paranaque, Province of Rizal, with an area of 51,852 square meters (Exhibit "7", p. 80, CA, Rollo).
In August 1960, 5/6 portion of the property was reconveyed by said spouses to Francisco, Regina, Perfects, Constancio and Matilde all surnamed Nofuente and Transfer Certificate of Title No. 78633 was issued on August 10, 1960 accordingly (Exhibit "8", pp. 81 and 82, Ibid.).
By virtue of a sale to Ching Leng with postal address at No. 44 Libertad Street, Pasay City, Transfer Certificate of Title No. 91137 was issued on September 18, 1961 and T.C.T. No. 78633 was
SUPREME COURT
Manila
SECOND DIVISION G.R. No. L-59731 January 11, 1990
ALFREDO CHING, petitioner, vs. THE HONORABLE COURT OF APPEALS & PEDRO ASEDILLO, respondents.
Joaquin E. Chipeco & Lorenzo D. Fuggan for petitioners.
Edgardo Salandanan for private respondent. PARAS, J.:
This is a petition for review on certiorari which seeks to nullify the decision of respondent Court of Appeals (penned by Hon. Rodolfo A. Nocon with the concurrence of Hon. Crisolito Pascual and Juan A. Sison) in CA-G.R. No. 12358-SP entitled Alfredo Ching v. Hon. M. V. Romillo, et al. which in effect affirmed the decision of the Court of First Instance of Rizal, now Regional Trial Court (penned by Judge Manuel V. Romillo, Jr. then District Judge, Branch XXVII Pasay City) granting ex-parte the cancellation of title registered in the name of Ching Leng in favor of Pedro Asedillo in Civil Case No. 6888-P entitled Pedro Asedillo v. Ching Leng and/or Estate of Ching Leng.
The facts as culled from the records disclose that:
In May 1960, Decree No. N-78716 was issued to spouses Maximo Nofuente and Dominga Lumandan in Land Registration Case No. N-2579 of the Court of First Instance of Rizal and Original Certificate of Title No. 2433 correspondingly given by the Register of Deeds for the Province of Rizal covering a parcel of land situated at Sitio of Kay-Biga Barrio of San Dionisio, Municipality of Paranaque, Province of Rizal, with an area of 51,852 square meters (Exhibit "7", p. 80, CA, Rollo).
In August 1960, 5/6 portion of the property was reconveyed by said spouses to Francisco, Regina, Perfects, Constancio and Matilde all surnamed Nofuente and Transfer Certificate of Title No. 78633 was issued on August 10, 1960 accordingly (Exhibit "8", pp. 81 and 82, Ibid.).
By virtue of a sale to Ching Leng with postal address at No. 44 Libertad Street, Pasay City, Transfer Certificate of Title No. 91137 was issued on September 18, 1961 and T.C.T. No. 78633 was