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5here one's ancestral land claims are still pending before the
%ational &ommission on Indigenous People (%&IP) for the validation, his
rights over said ancestral land, if any, are mere e6pectations. They are
not the present and unmista4able right required for the grant of the
provisional remedy of injunction.
! purchaser in good faith and for value is one who buys the
property of another without notice that some other person has a right to
or interest in such property and pays a full and fair price for the same at
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the time of such purchase, or before he has notice Searchof document
the claims or
interest of some other person in the property. 8ence, where a judgment
creditor, in registering a notice of attachment in her favor over the
properties of his judgment debtor and noticed that a third party has
Saved already annotated an adverse claim over the same, he cannot be said to
be a buyer in good faith when he later buys the property at a public
auction. The previous inscription must prevail over the former.
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5here both the area and the boundaries of the immovable are
declared, the area covered within the boundaries of the immovable
prevails over the stated area. In cases of con@ict between areas and
boundaries, it is the latter which should prevail. 5hat really de=nes a
piece of ground is not the area, calculated with more or less certainty,
mentioned in its description, but the boundaries therein laid down, as
enclosing the land and indicating its limits.
'AN> OF THE
manifestations PHILIPPINE
of an ISLAN
incapacity rooted in$S v. RELNAL$
some debilitatingR. S&ARE%
psychological
G.R.
condition or illness. No. 16NN5#, -*@8; 15, !#1#.
%egligence is de=ned as >the omission to do something which a
reasonable man, guided upon those considerations which ordinarily
reguTITAN
late thCONSTR&CTION
e conduct of huCORP man a0 . v.airs
-AN&EL
, would A. do$AVI$,
, or theSR. */0
doin g of
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something which a prudent man and reasonable man could not do.>
!ll propertyG.R. of theNo. 16"54(,
marriage is -*@8;
presumed 15,to!#1#.
belong to the conjugal
The following are the conditions
partnership, unless it be proved that it pert for the award
ains e6 of clmoral
usiveldamagesG
y to the
(") the re is an Unlock
in jury >full
5 access
8; T8; with
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? free
husband or to the wife. Lne is not required to prove thatalthe
% L trial.
T p hy sic , mproperty
ental or
psychological
was acquired >with clearly sustained
fund s of the by the
part nersclaimant* (+) rthe
hip. ? athe , theculpable
presumpacttion
or
omission is factually established* (#) the wrongful act
applies even when the manner in which the property was acquired does or omission of the
defendant
not appear.is/ailure
the pro6imate cause of the injury sustained by theisclaimant*
and (3) the award ofDownload With Free Trial
to overturn
damages
such
is
presumption,
predicated on
to be part of the conjugal partnership. 8ence, in conveying any
the property
of the cases
deemed
statedthe
the same, in
article ++"< of the civil code.
consent of both spouses is required. !bsent the consent of one spouse
would render the sale null and void.