Business Law
By: iameurz • Essay • 310 Words • October 19, 2012 • 1,451 Views
Business Law
CONCLUSION
In this case between Leopoldo Dalumpines, (petitioners) vs. Court of Appeals, and Domingo Estoya, (respondent), it's very obvious that Dalumpines has no right to the Lot 725 especially he is not the owner of the entire Lot. Even though the heirs of late Norberto Gerial selling it to Dalumpines in the first place the contract between Estoya's heirs and Gerial that Estoya's selling only the one half portion of Lot 725 to Gerial ‘s family. Now, Dalumpines filed complaint against Domingo Estoya who was occupying a portion on the said lot for residential since birth, and the case was filed at MTC of Hinigiran, Negros Occidental.
And the decision of MTC that Estoya cannot ejected to the said Lot, and Domingo cannot accept the decision of MTC. The deed of Lot was invalid because the deed of sale being notarized is only the acknowledgement has signature and the blank that reserved to the vendors signature was empty therefore the deed of Absolute Sale was definitely void, and Gerial heirs has no right to sell the Lot and especially Dalumpines cannot acquired the ownership over the