Literal Construction
III. LITERAL CONSTRUCTION
1. When should Statutes be Literally Construed?
a. Salvatierra vs CA
[G.R. No. 107797. August 26, 1996]
PURITA SALVATIERRA, ELENITA SALVATIERRA NUNEZ, ANSELMO SALVATIERRA, JR., EMELITA SALVATIERRA, and ROMEL SALVATIERRA, petitioners, vs. THE HONORABLE COURT OF APPEALS and SPS. LINO LONGALONG and PACIENCIA MARIANO, respondents.
D E C I S I O N
HERMOSISIMA, JR., J.:
The intricate yet timeworn issue of prescription has come to the fore in this case. Which prescriptive period for actions for annulment should prevail, Art. 1391 of the New Civil Code which limits the filing of actions to four (4) years or Art. 1144 of the same Code which limits the period of the filing of actions on certain grounds to ten years? Likewise, at issue is whether or not there was a double sale to a party or parties under the facts obtaining.
The petitioners in this case filed the herein petition for certiorari, assailing as they do the decision of the Court of Appeals which held:[1]
“WHEREFORE, the decision appealed from is herein REVERSED, defendants-appellees are ordered to reconvey to plaintiffs-appellants the 149-sq. m. portion of Lot No. 26 registered in the name of Anselmo Salvatierra under OCT O-4221 as described in the deed of sale Exh. ‘A’ or ‘1’ of this case; and defendants-appellees are furthermore ordered to pay plaintiffs-appellants the amount of P5,000.00 as attorney’s fees.”
The antecedent facts are not disputed:
In 1930, Enrique Salvatierra died intestate and without any issue. He was survived by his legitimate brothers: Tomas, Bartolome, Venancio and Macario, and sister Marcela, all surnamed Salvatierra. His estate consisted of three (3) parcels of land, more particularly described in the following manner:
“Cad. Lot No. 25 covered by Tax Declaration No. 11950
A parcel of land lot No. 25, situated at Poblacion, San Leonardo, Nueva Ecija. Bounded on the NE-Lots Nos. 26 & 27; on the SE-Rizal St., SW-Lot
1. When should Statutes be Literally Construed?
a. Salvatierra vs CA
[G.R. No. 107797. August 26, 1996]
PURITA SALVATIERRA, ELENITA SALVATIERRA NUNEZ, ANSELMO SALVATIERRA, JR., EMELITA SALVATIERRA, and ROMEL SALVATIERRA, petitioners, vs. THE HONORABLE COURT OF APPEALS and SPS. LINO LONGALONG and PACIENCIA MARIANO, respondents.
D E C I S I O N
HERMOSISIMA, JR., J.:
The intricate yet timeworn issue of prescription has come to the fore in this case. Which prescriptive period for actions for annulment should prevail, Art. 1391 of the New Civil Code which limits the filing of actions to four (4) years or Art. 1144 of the same Code which limits the period of the filing of actions on certain grounds to ten years? Likewise, at issue is whether or not there was a double sale to a party or parties under the facts obtaining.
The petitioners in this case filed the herein petition for certiorari, assailing as they do the decision of the Court of Appeals which held:[1]
“WHEREFORE, the decision appealed from is herein REVERSED, defendants-appellees are ordered to reconvey to plaintiffs-appellants the 149-sq. m. portion of Lot No. 26 registered in the name of Anselmo Salvatierra under OCT O-4221 as described in the deed of sale Exh. ‘A’ or ‘1’ of this case; and defendants-appellees are furthermore ordered to pay plaintiffs-appellants the amount of P5,000.00 as attorney’s fees.”
The antecedent facts are not disputed:
In 1930, Enrique Salvatierra died intestate and without any issue. He was survived by his legitimate brothers: Tomas, Bartolome, Venancio and Macario, and sister Marcela, all surnamed Salvatierra. His estate consisted of three (3) parcels of land, more particularly described in the following manner:
“Cad. Lot No. 25 covered by Tax Declaration No. 11950
A parcel of land lot No. 25, situated at Poblacion, San Leonardo, Nueva Ecija. Bounded on the NE-Lots Nos. 26 & 27; on the SE-Rizal St., SW-Lot