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Monday, September 26, 2005
SC rules vs. realty company
THE Supreme Court (SC) has ruled with finality that a quarter of the 3.4-hectare lot currently developed by Aznar Brothers Realty Co. (ABRC) in Dapdap, Lapu-Lapu City is owned by the heirs of the two original lot owners.
In a resolution dated Aug. 22, 2005 and signed by Assistant Clerk of Court Ma. Luisa L. Laurea, the SC Second Division resolved to deny ABRC’s motion for reconsideration because of its failure to state the date it received the SC decision promulgated last May 16.
The SC ruled that the ABRC, through its lawyer Rolindo A. Navarro, failed to adduce “substantial argument to warrant the reconsideration sought.”
Date
The date of receipt of the May 16 SC decision is needed to determine whether ABRC’s motion for reconsideration was filed within the allowable period.
The SC had earlier ruled in the May 16 decision that the heirs of the two Ayings own a quarter of the property, since both Emiliano and Simeon did not sell their share to ABRC on March 3, 1964.
After the Aying siblings allegedly sold the property to ABRC, the realty company continued paying for the real property taxes of the lot.
But the heirs of the eight Aying siblings later on questioned the sale, and filed a case in court for the cancellation of the extra-judicial partition with absolute sale, so that they can recover the property.
For ABRC
The Regional Trial Court (RTC) favored the Aznars, but the Court of Appeals ruled that aside from Emiliano and Simeon, Roberta Aying also owns 1/8 of the property.
In ruling that Emiliano and Simeon should get part of the property, the SC said the deed of sale executed by the Aying siblings should only apply to those who signed the document.
Roberta, however, lost in the SC for only questioning the sale beyond the 10-year prescriptive period.
But Navarro, in an earlier letter to Sun.Star Cebu, said the SC ruling did not necessarily mean they should return part of the property to the heirs of Emiliano and Simeon Aying.
He said the heirs may either be paid an amount equivalent to their portion of lot at pre-development stage, or even at the price the purchase was made, which was P3 per square meter.
Navarro also said that it is possible that the RTC originally handling the civil case would just award them a separate lot as a form of restitution.
“Equity and justice do not allow them to enrich themselves at the expense of ABRC, especially considering that they filed the case only after the area was developed into a high-end subdivision more than 27 years after the sale,”
Navarro said. (GN)
(September 26, 2005 issue)
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