Professional Documents
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MEMORANDUM
For the Plaintif
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Accordingly, after presentation of evidences, the
Honorable Court ordered the parties to submit their
respective Memoranda fifteen days (15) days from
notice, otherwise, the case is deemed submitted for
decision.
STATEMENT OF FACTS
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Title No. T-21382 on March 12, 2016. Plaintiffs
adverse claim is still carried over on the said title.
STATEMENT OF ISSUES
ARGUMENTS
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2. By virtue of such sale, a Certificate of Title evincing
the transfer of ownership from the seller to the
buyer is but fitting. However, due to the continued
refusal of the children of the seller, such transfer
was not effectuated as they claim that there was no
contract of sale that transpired between the parties.
DISCUSSIONS
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2. In the case of Sps. Vivencio Babasa and Elena
Cantos Babasa vs. CA, et.al. GR No. 124045, May 21,
1993, the Supreme Court held that a deed of absolute
sale is absolute in nature although denominated a
conditional sale absent such a stipulation. In such
cases, ownership of the thing sold passes to the vendee
upon the constructive or actual delivery thereof.
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acquisition and the registration thereof is attended by
fraud and bad faith. In this case, the defendant knew
from the very beginning that subject property was sold
by their deceased father as evidenced by a Deed of
Absolute Sale.
CONCLUSION
PRAYER
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Plaintiff further pray for such other relief and remedies
deemed just and proper.
EXPLANATION
Copy Furnished:
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