sic itur ad astra

Easement CASE TITLE: Pilar Development Corporation vs. Dumadag GR No/ Date :  G.R. No. 194336. March 11, 2013.* PONENTE : Peralta, J. CASE WITH THE SC: Petition for Review on Certiorari under Rule 45 PROCEDURAL ANTECEDENTS: RTC - Complaint for accion publiciana with damages CA - Petition for Review FACTS: On July 1, 2002, petitioner filed a Complaint for accion publiciana with damages against respondents for building shanties on its 5,613-square-meter property without its consent. The property is registered under TCT No. 481436, intended as an open space for recreational facilities for subdivision residents. RTC: Dismissed the complaint. Ruled the land as public property due to its location within the three-meter legal easement leading to Mahabang Ilog Creek, making it part of public dominion. CA: Affirmed the trial court's decision, emphasizing that the disputed area is reserved for public easement as indicated in the title. Ruled that the Republic of the Philippines, through the...

Usufruct CASE TITLE: Rivera-Calingasan vs. Rivera GR No/ Date :  G.R. No. 171555. April 17, 2013.* PONENTE : Brion, J. CASE WITH THE SC: Petition for Review on Certiorari PROCEDURAL ANTECEDENTS: MCTC -  Forcible entry RTC - Appeal CA - Petition for Review FACTS: Respondent Wilfredo Rivera and his wife, Loreto Inciong , acquired several parcels of land in Lipa City, Batangas.  Two parcels were covered by Transfer Certificate of Title (TCT) Nos. T-22290 and T-30557. In 1982 , Loreto died, leaving Wilfredo and their two daughters, Evangeline and Brigida Liza , as her heirs. In 1993 , Loreto’s heirs executed an extrajudicial settlement , adjudicating all properties to Evangeline and Brigida Liza.  Wilfredo waived his rights to the properties but reserved his usufructuary rights during his lifetime. TCT Nos. T-22290 and T-30557 were canceled and replaced with TCT Nos. T-87494 and T-87495 in the names of Evangeline and Brigida Liza, with Wilfredo’s usufructuary rights a...