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19
THIRD DIVISION
G.R. No. 139008, March 13, 2002
ROBERT DEL MAR, PETITIONER, VS. COURT OF
APPEALS AND NORMA EBERSOLE DEL MAR,
RESPONDENTS.
DECISION
PANGANIBAN, J.:
The Case
The Facts
3. Enjoining permanently
[petitioner] or any person acting
for and in [his] behalf from
committing or doing any act of
disposition or alienation of the
properties;
The Issues
First Issue:
Effect of Failure to File a Brief
Second Issue:
Petitioner’s Defenses
Petitioner avers that he has in his favor the following valid and
meritorious defenses: (1) valid purchase of the disputed lots, (2)
acquisitive prescription, and (3) prescription and laches barring
private respondent’s action. He proposes to prove these
arguments with the following documents: (1) an alleged Deed of
Sale dated January 29, 1975 purportedly signed by private
respondent on her own behalf and as the agent of her sister
Florence; (2) a Confirmation of Sale allegedly signed by
Florence; and (3) an alleged “Certificate of Authentication” of
the confirmation issued by a Philippine vice consul in New
York, USA.
SO ORDERED.
[7] CA rollo, p. 3.
[8] Ibid., p. 6.
[9] CA rollo, p. 6.
1998.
1997; Bernardo v. Court of Appeals, 275 SCRA 413, 428, July 14,
1997; Diaz-Duarte v. Ong, 298 SCRA 388, 397, November 3, 1998
Pallada v. Regional Trial Court of Kalibo, Aklan, Br. 1, 304 SCRA
440, 445, March 10, 1999; Velasquez v. Court of Appeals, 309
SCRA 539, 549, June 30, 1999.
Salonga v. Court of Appeals, 269 SCRA 534, 546, March 13,
[16]
[17] Tenebro v. Court of Appeals, 275 SCRA 81, 85, July 7, 1997.
1997; Villanueva v. People, 330 SCRA 695, 703, April 12, 2000.
[19] Salva v. Court of Appeals, 304 SCRA 632, March 11, 1999.