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    Leabres Vs CA

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    Lara Yulo
    This case involves a dispute over ownership of land between Leabres and Manotok Realty. The land was originally owned by Clara Tambunting de Legarda, who left it to her estate when she died. Vicente Legarda, the administrator of Clara's estate, purported to sell a portion of the land to Leabres. However, he did so without court approval and the sale receipt did not meet the requirements of a valid contract. Later, when a new administrator was appointed, they legally sold the entire subdivision, including the portion claimed by Leabres, to Manotok Realty. The court ruled in favor of Manotok, finding that Leabres was not a good faith possess

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    Leabres Vs CA

    Uploaded by

    Lara Yulo
    73 views1 page
    This case involves a dispute over ownership of land between Leabres and Manotok Realty. The land was originally owned by Clara Tambunting de Legarda, who left it to her estate when she died. Vicente Legarda, the administrator of Clara's estate, purported to sell a portion of the land to Leabres. However, he did so without court approval and the sale receipt did not meet the requirements of a valid contract. Later, when a new administrator was appointed, they legally sold the entire subdivision, including the portion claimed by Leabres, to Manotok Realty. The court ruled in favor of Manotok, finding that Leabres was not a good faith possess

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    Leabres vs CA

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    This case involves a dispute over ownership of land between Leabres and Manotok Realty. The land was originally owned by Clara Tambunting de Legarda, who left it to her estate when she died. Vicente Legarda, the administrator of Clara's estate, purported to sell a portion of the land to Leabres. However, he did so without court approval and the sale receipt did not meet the requirements of a valid contract. Later, when a new administrator was appointed, they legally sold the entire subdivision, including the portion claimed by Leabres, to Manotok Realty. The court ruled in favor of Manotok, finding that Leabres was not a good faith possess

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    73 views1 page

    Leabres Vs CA

    Uploaded by

    Lara Yulo
    This case involves a dispute over ownership of land between Leabres and Manotok Realty. The land was originally owned by Clara Tambunting de Legarda, who left it to her estate when she died. Vicente Legarda, the administrator of Clara's estate, purported to sell a portion of the land to Leabres. However, he did so without court approval and the sale receipt did not meet the requirements of a valid contract. Later, when a new administrator was appointed, they legally sold the entire subdivision, including the portion claimed by Leabres, to Manotok Realty. The court ruled in favor of Manotok, finding that Leabres was not a good faith possess

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    LEABRES vs CA

    FACTS:
    Clara Tambunting de Legarda died testate in 1950.
    Among the properties left is the Legarda da
    Tambunting Subdivision located on Rizal Ave Ext,
    Manila with an area of 80,238.90 sqm.
    Claras husband, Vicente Legard, was a special
    administrator along with two others. He sold a
    portion of the subdivision to Leabres for 1k. The
    probate court supposedly authorized the sale in
    1951.
    Legarda was relieved as an administrator and
    Philippine Trust Co. took over. It advertised the sale
    of the subd. No adverse claim over the subd was
    presented by any person. So, it was sold to Manotok
    Realty for 840k. A Deed of Absolute Sale was issued
    and registered.
    Leabres filed a complaint for the quieting of title. He
    claims it was sold to him as evidenced by a receipt
    dated
    1950;
    That
    he
    already
    introduced
    improvements and erected a house; However, he has
    not registered his interest nor did he present his
    claim for probate in the testate proceedings. He also
    claims that Manotok was in bad faith since it had

    prior knowledge and notice of Leabres physical


    possession of the property.
    RTC: Dismissed complaint. Reinstated Manotoks
    counterclaim.
    Ordered Leabres to surrender
    possession to Manotok.
    CA: Affirmed. Purchase of registered lands for value
    and in good faith hold the same free from all liens
    except those noted on the titles. The purchaser of a
    registered land has to rely on the certificate of title.
    ISSUE: W/N Leabres is a possessor in good faith NO.
    HELD:
    The receipt is not a contract of sale nor a promise to
    sell. It only acknowledged the sum of 1k. A valid
    contract of sale requires consent, a determinate
    subject matter and a price certain in money. Those
    elements are lacking.
    Vicente entered into said sale in his own personal
    capacity and without court approval. It cannot bind
    the estate of Clara.
    Assuming receipt was sufficient proof, Leabres should
    have submitted the receipt of the alleged sale to the
    probate court so that his right may be recognized.
    To consider Leabres in good faith would be to put a
    premium on his own gross negligence.

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