Supreme Court decision · Civil Law

Director of Lands v. Abao

G. R. No. 38827 · Promulgated May 10, 1934

In brief

This case is about the appeal involving the validity of land transfers and conveyances, with the court allowing parties to present evidence and remanding the case to the lower court.

Land Dispute, Conveyance, Evidence, Appeal, Remand

Related cases

G. R. No. 37455 Cuevas v. Diaz (Previous decision in Civil Law)
G. R. No. 40083 Igorots Linaaw y Salome v. Mountain Province (Next decision in Civil Law)

Full text

[ G. R. No. 38827, May 10, 1934 ]

THE DIRECTOR OF LANDS, PETITIONER, VS. SATURNINO ABAO ET AL., CLAIMANTS, ADELA FIRMALINO ET AL., CLAIMANTS AND APPELLANTS, JOSE MORENTE, CLAIMANT AND APPELLEE.

D E C I S I O N

The Court having regularly acquired jurisdiction of the a.bove-entitled cause submitted lay "both parties for decision, after consideration thereof "by the Court upon the fecord, its decision and order for judgment having been filed on the 24th day of April, A. D. nineteen hundred and thirty-four;

By virtue thereof it is hereby adjudged and decreed that the orders and decision appealed from by all the appellants are set aside and the record remand 3d to Hie court of origin, with the following instructions which must "be strictly complied with, to wit:

1. All the appellants shall be allowed to question tho validity of the alleged transfers, conveyances and donations in favor of Salvador pirmalino, Antonio de Habana and of the appellee Jose Morente, respectively, permitting them to present such material and pertinent evidence which they may desire to offer; and the appellee shall be permitted to prurient all the material and pertinent evidence of the defense, permitting them to use tho evidence already appearing in the record;

2. All the appellants shall be permitted to present material and pertinent evidence as to whether or not the