Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 550 views

    CD - Tac-An vs. CA

    Uploaded by

    Anonymous OVr4N9Ms
    1) Eleuterio and Maximo Acopiado conveyed land to Tac-an through a deed of quitclaim in payment for his legal services, but later terminated his services and sold the land to others. 2) Tac-an filed a complaint to be declared owner of the land, which the trial court approved, but the Court of Appeals voided based on Section 145 of the Administrative Code requiring approval for contracts with non-Christians. 3) The issue was whether Section 145 requirements were still necessary after its repeal; the Supreme Court held yes, because the law at the time the deed and approvals occurred must be applied.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    CD - Tac-An vs. CA

    Uploaded by

    Anonymous OVr4N9Ms
    550 views1 page
    1) Eleuterio and Maximo Acopiado conveyed land to Tac-an through a deed of quitclaim in payment for his legal services, but later terminated his services and sold the land to others. 2) Tac-an filed a complaint to be declared owner of the land, which the trial court approved, but the Court of Appeals voided based on Section 145 of the Administrative Code requiring approval for contracts with non-Christians. 3) The issue was whether Section 145 requirements were still necessary after its repeal; the Supreme Court held yes, because the law at the time the deed and approvals occurred must be applied.

    Original Description:

    CD - Tac-an vs. CA

    Original Title

    CD - Tac-an vs. CA

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) Eleuterio and Maximo Acopiado conveyed land to Tac-an through a deed of quitclaim in payment for his legal services, but later terminated his services and sold the land to others. 2) Tac-an filed a complaint to be declared owner of the land, which the trial court approved, but the Court of Appeals voided based on Section 145 of the Administrative Code requiring approval for contracts with non-Christians. 3) The issue was whether Section 145 requirements were still necessary after its repeal; the Supreme Court held yes, because the law at the time the deed and approvals occurred must be applied.

    Copyright:

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

    CD - Tac-An vs. CA

    Uploaded by

    Anonymous OVr4N9Ms
    1) Eleuterio and Maximo Acopiado conveyed land to Tac-an through a deed of quitclaim in payment for his legal services, but later terminated his services and sold the land to others. 2) Tac-an filed a complaint to be declared owner of the land, which the trial court approved, but the Court of Appeals voided based on Section 145 of the Administrative Code requiring approval for contracts with non-Christians. 3) The issue was whether Section 145 requirements were still necessary after its repeal; the Supreme Court held yes, because the law at the time the deed and approvals occurred must be applied.

    Copyright:

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

    TAC-AN vs.

    CA
    G.R. No. L-38736, May 21, 1984

    FACTS:
    Eleuterio Acopiado and Maximo Acopiado conveyed a parcel of land to Tac-an through a
    document entitled Deed of Quitclaim as payment for legal services. After the execution of the
    deed, the Acopiados told Tac-an that they were terminating his services because their wives and
    parents did not agree that the land be given to pay for his services and that they had hired another
    lawyer, a relative, to defend them. But Tac-an continued to represent them. Moreover, Eleuterio
    Acopiado sold his share of the land previously conveyed to Tac-an to Jesus Paghasian and Pilar
    Libetario.

    On July 2, 1964, Tac-an secured the approval of the Provincial Governor of Zamboanga del
    Norte to the Deed of Quitclaim. And on October 7, 1964, he filed a complaint against the
    Acopiado brothers, Paghasian and Pilar Libetario in CFI of Zamboanga del Norte praying that he
    be declared the owner of the land and that the sale made in favor of Paghasian and Libetario be
    annulled and he be paid for damages, attorney s fee, etc. The CFI decided in favor of Tac-an
    whereupon the Acopiados, et.al appealed to CA. The CA voided the transfer of the land to Tac-
    an applying section 145 of the Administrative Code of Mindanao and Sulu Contracts w/ Non-
    Christians Requisites.

    On April 12, 1965 while Tac-an suit was pending in the trial court, the Governor of Zamboanga
    del Norte, revoked his approval to the deed of quitclaim for the reason of Sec. 145 being the
    Acopiados as non-Christians. The petitioner asserts that the revocation of the approval which
    had been given by the Provincial Governor has no legal effect and cannot affect his right to the
    land which had already vested.

    ISSUE:
    Are the requisites in Sec. 145 of the Administrative Code of Mindanao & Sulu still necessary
    when it is already repealed by RA 4252?

    HELD:
    Yes, because when the deed of quitclaim was executed, when the approval by the Provincial
    Governor was given and when the approval was revoked, Section 145 of the Administrative
    Code of Mindanao and Sulu were in full force and effect and since they were substantive in
    nature, the repealing statute cannot be given retroactive effect. All requisites are still necessary.

    You might also like