Supreme Court decision · Civil Law

Guardacasa Vda. De Legaspi v. Avendaño

G.R. No. L-40437 · Promulgated November 29, 1977 · Ponente: Barredo

In brief

This case is about the Court granting a motion for reconsideration which clarified that ownership of a building and improvements was to be determined by the trial court.

Motion for Reconsideration, Ownership, Building Improvements, Trial Court, Civil Case

Related cases

G.R. No. L-37365 Bicomong v. Almanza (Previous decision in Civil Law)
G.R. No. L-39478 Cabarros v. Nacalaban (Next decision in Civil Law)

Full text

SECOND DIVISION

G.R. No. L-40437 November 29, 1977

LOURDES GUARDACASA VDA. DE LEGASPI, petitioner,
vs.
HON. HERMINIO A. AVENDAÑO, as Presiding Judge of Binan Br. I of the Court of First Instance of Laguna, HON. WENCESLAO E. HERCE, as Municipal Judge of San Pedro, Laguna, ROGELIO S. MOLINA, as Deputy Provincial Sheriff of Laguna and JOSE O. LEGASPI, respondents.

BARREDO, J.:

Acting on the motion for reconsideration and/or clarification filed by private respondent of the decision in this case, the Court resolved to grant the same, with the result that the statement in said decision to the effect that "defendant (petitioner herein) had a building with a dancing hall and bowling alleys" on the lot in question should not be understood as resolving the issue of ownership of said building and bowling alleys or any other improvement thereon, said issue being precisely one of those to be determined by the trial court in Civil Case No. 929.

So ordered.ℒαwρhi৷

Fernando (Chairman), Antonio, Aquino, Concepcion, Jr. and Santos, JJ., concur.