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  • Civil Case Summary Land Dispute

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    Raymer Oclarit
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    Estelita Baluarte-Talan demands the return of OCT No. RT-04 from Mirasol Raboy. Raboy claims she has possession due to a verbal agreement with Talan in 1999 where Raboy would help process the title and receive a portion of land in return. Raboy paid Talan in 2000 and 2003 for 1 hectare, and a survey identified 1.6 hectares total. However, the title was later mortgaged and passed to other persons. Raboy now possesses the title due to helping the current owner process a transfer of the title, and plans to return it after completing the transfer.

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    Summary of Facts for 1st Civil Case Exercise

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    Estelita Baluarte-Talan demands the return of OCT No. RT-04 from Mirasol Raboy. Raboy claims she has possession due to a verbal agreement with Talan in 1999 where Raboy would help process the title and receive a portion of land in return. Raboy paid Talan in 2000 and 2003 for 1 hectare, and a survey identified 1.6 hectares total. However, the title was later mortgaged and passed to other persons. Raboy now possesses the title due to helping the current owner process a transfer of the title, and plans to return it after completing the transfer.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    45 views3 pages

    Civil Case Summary Land Dispute

    Uploaded by

    Raymer Oclarit
    Estelita Baluarte-Talan demands the return of OCT No. RT-04 from Mirasol Raboy. Raboy claims she has possession due to a verbal agreement with Talan in 1999 where Raboy would help process the title and receive a portion of land in return. Raboy paid Talan in 2000 and 2003 for 1 hectare, and a survey identified 1.6 hectares total. However, the title was later mortgaged and passed to other persons. Raboy now possesses the title due to helping the current owner process a transfer of the title, and plans to return it after completing the transfer.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 3

    Summary of facts for 1st Civil Case Exercise

    PLAINTIFF: ESTELITA BALUARTE-TALAN


    DOCUMENT FACTS
    DEMAND LETTER ADDRESSED TO MS. Demanded the return of OCT No. RT-04 in
    MIRASOL RABOY the name of Pablo Baluarte to his
    DATED JULY 2021 daughter/heir Estelita Baluarte-Talan;
    SGD. ATTY. JULIUS M. CONCEPCION
    Ms. Mirasol Raboy is in possession of the
    certificate without any agreement between
    her and Mrs. Talan to support said
    possession

    DEFENDANT: MIRASOL RABOY


    DOCUMENT FACTS
    LETTER (REPLY) ADDRESSED TO ATTY. JULY 4, 1999: Ms. Raboy’s mother, Leocadia
    JULIUS M. CONCEPCION Longakit, instructed her to help Mrs. Talan to
    DATED AUGUST 4, 2021 process the Certificate of Title of Pablo
    SGD. MS. MIRASOL RABOY Baluarte on the Parcel of land located in Sitio
    Baybay, Brgy. Manalo, PPC.

    VERBAL AGREEMENT: Ms. Raboy is to be


    paid by portion of the lot (front up to dorsal
    portion)

    March 24, 2000: Ms. Raboy made an


    “advanced payment” to Ms. Talan in the
    amount of Php 102,500.00

    Evidenced by Annex A “Acknowledgement


    Receipt” dated March 24, 2000
    “representing advance payment of one (1)
    hectare land being a portion of the lot of
    PABLO BALUARTE with OCT No. E-4 and
    Free Patent No. 474080-Plan Psu 139573,
    with 80 meters frontage along Manalo Sea
    Road, 49 Kms North of Puerto Princesa City.”

    Petition for re-issuance of owners


    duplicate of Certificate of Title No. E-4.
    Granted on May 22, 2002, evidenced by
    “ANNEX B: Entry of Judgement”

    2003: Full payment of the 1 hectare


    portion evidenced by: “annex C
    unnotarized deed of absolute sale”
    Sgd by: Estelita Talan and her children as
    witnesses: Felicito Talan, Dionisio Talan,
    Genelito Talan, Rosalyn Senal

    2003 survey was conducted over an area of


    1.6 hectares; 0.6 hectare was justified by
    “additional loan” by Mrs. Talan (no evidence
    to show when additional loan was made
    and how much)
    “amount received by client from Mrs. Raboy
    is Php 310, 516.00”

    Certificate of Title No. e-4 was turned over to


    Mrs. Talan for safe keeping

    2008: “Marriage” of Pablo Baluarte to


    Dionisia Fabiano; Mr. Baluarte “donated”
    the land to Ms. Fabiano, evidenced by
    “ANNEX D: DEED OF DONATION” dated
    November 6, 1963(donation mortis causa)
    notarized

    “lot is 5 hectares with 50 coconut bearing


    trees and 30 non-bearing coconut trees”

    “In consideration of the love and affection”;


    “common-law-wife”, he donated “2 hectares
    of the land” “effective upon his death” “if done
    should die before donor, donation shall be
    deemed rescinded”

    Ms. Fabiano “donated the land to Isagani


    Conde” evidenced by “ANNEX E: DEED
    OF DONATION” dated February 10, 2006
    Witnessed by Dionisio Baluarte; notarized

    2016: When Ms. Raboy went to ask for the


    title, cannot be given.
    2019: title was mortgaged by her
    daughter; passed to several persons until
    it reached Mrs. Jocelyn Go

    Mrs. Go gave her the title after she “sincerely


    talk to her that I will process the transfer of
    the title from Pablo Baluarte to Estelita Talan
    and after that I will return the title to her.

    She admitted that her possession was


    against the interest of client, but she could
    not turn it over because she has a
    commitment with Mrs. Go

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