sic itur ad astra

Property  |  Property in Relation to Whom it Belongs (Arts. 420-426) Facts:    Pursuant to the privatization program of the Philippine Government, respondent Government Service Insurance System (GSIS) decided to sell 30% to 51% of its Manila Hotel Corporation (MHC) shares through public bidding. Only two bidders participated:  Petitioner Manila Prince Hotel Corporation , a Filipino corporation, which offered to buy 51%  or 15,300,000 shares at P41.58 per share, and  Renong Berhad , a Malaysian firm, with ITT-Sheraton as its hotel operator, which bid for the same number of shares at P44.00 per share. The bidding rules required the highest bidder to negotiate and execute necessary contracts with GSIS/MHC by a specified date. Pending declaration of the of Renong Berhad as the winning bidder, petitioner matched the bid price of Renong Berhad. Petitioner sent a manager's check issued by Philtrust Bank for Thirty-three Million Pesos (P33.000.000.00) as Bid S...

Property  |  Property in Relation to Whom it Belongs (Arts. 420-426) Facts:    In 1973, the Comissioner on Public Highways entered into a contract to reclaim areas of Manila Bay with the Construction and Development Corportion of the Philippines (CDCP) . CDCP to carry out all the works in consideration of 50% reclaimed land. In 1977, PEA (Public Estates Authority) was created by President Marcos under P.D. 1084, tasked with developing and leasing reclaimed lands.  These lands were transferred to the care of PEA under P.D. 1085 as part of the Manila Cavite Road and Reclamation Project (MCRRP) .  CDCP and PEA entered into an agreement that all future projects under the MCRRP would be funded and owned by PEA. By 1988, President Aquino issued Special Patent No. 3517 transferring reclaimed lands to PEA.  It was followed by the transfer of three Titles by the Register of Deeds of Paranaque to PEA covering the three reclaimed islands known as the Freedom Is...

Property  |  Property in Relation to Whom it Belongs (Arts. 420-426) Facts:    In 1984, Ayala Land, Inc. (ALI) sold land to the spouses Jose and Cristina Yuson. In 1987, the Sps. Yuson sold to the same to the spouses Felipe and Mary Anne Alfonso , with Deed of Restrictions: 2.2 USE AND OCCUPANCY - The property shall be used exclusively for the establishment and maintenance thereon of a preparatory (nursery and kindergarten) school, which may include such installations as an office for school administration, playground and garage for school vehicles. In 1989, Sps. Alfonsoopened on the same lot The Learning Child Center Pre-school (TLC) , a preparatory school which initially consisted of nursery and kindergarten classes.  In 1991, TLC was expanded to include a grade school program, the School of the Holy Cross. Ayala Alabang Village Association (AAVA) protested the TLC’s and the Sps. Alfonso’s violation of the Deed of Restrictions In 1992, AAVA filed an action ...