Beruflich Dokumente
Kultur Dokumente
Plaintiffs-Appellees,
versus -
Defendants-Appellants.
x- - - - - - - - - - - - - - - - - - - - - - - x
APPEAL MEMORANDUM
BRIEF STATEMENT
OF FACTS AND THE CASE
The subject Lot 5 is inherited by plaintiff from his parents and
is an actual occupant of the same. Melchor being the most impoverished
among the 7 siblings and has no money to finance the survey and titling, he
mortgaged the same lot to his brother Gaudencio in the sum of P4,500.00
as his share for the expenses.
SO ORDERED.
THE ISSUES
2.) Whether or not the plaintiffs are entitled to the reconveyance of the
subject portion of 367 square meters;
3.) Whether or not plaintiffs are entitled to moral and exemplary
damages;
DISCUSSIONS
It is very obvious then that upon grant of the loan, the bank
knew and acceded to the agreement that the subject portion shall not be
covered by the real property mortgage executed by defendant Francisco
over the portion of 4,000 square meters that he bought from Plaintiff
Melchor.
(1) . . .
(2) Those that do not comply with the Statute of Frauds as set
forth in this number. In the following cases an agreement
hereafter made shall be unenforceable by action, unless the
same, or some note or memorandum thereof, be in writing, and
subscribed by the party charged, or by his agent; evidence,
therefore, of the agreement cannot be received without the
writing, or a secondary evidence of its contents:
(e) An agreement for the leasing for a longer period than one
year, or for the sale of real property or of an interest therein.
Francisco shall redeem the property within one (1) year and provided
further that the portion of 367 where his house is erected shall not be
affected, to which the bank also acceded.
PRAYER
(4) Ordering the defendant spouses Marvin Viado and Claire Gapuz
to forever abstain from pestering and/or disturbing the peaceful
possession and ownership of the plaintiff-appellees over the
subject portion;
FIDEL G. SANTOS
We, the undersigned, after having been duly sworn to and oath
in accordance with law, hereby depose and state:
3. That we have read and understood the contents hereof and the facts
alleged therein are true and correct of our knowledge, belief and of
available documents;
4. That we have not commenced any action or proceeding involving the
same issues raised in the above-captioned case in the Supreme Court,
the Court of Appeals or different division thereof, or any other Court,
Tribunal or agency;
Doc. No._______
Page No._______
Book No._______
Series of 2013