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1) Laperal filed a case to recover property he sold to the Japanese Military Controlled Republic of the Philippines during the war for P500,000 in Japanese Military notes, alleging the sale was made under duress due to threats by Japanese representatives and the consideration was grossly inadequate.
2) The trial court ruled in favor of Laperal, finding the sale was made under duress given the circumstances of the Japanese occupation.
3) On appeal, the respondent could not deny Laperal's allegations of duress due to lack of knowledge, and circumstances indicated the sale was unlikely to have been voluntary given Laperal's financial situation.
1) Laperal filed a case to recover property he sold to the Japanese Military Controlled Republic of the Philippines during the war for P500,000 in Japanese Military notes, alleging the sale was made under duress due to threats by Japanese representatives and the consideration was grossly inadequate.
2) The trial court ruled in favor of Laperal, finding the sale was made under duress given the circumstances of the Japanese occupation.
3) On appeal, the respondent could not deny Laperal's allegations of duress due to lack of knowledge, and circumstances indicated the sale was unlikely to have been voluntary given Laperal's financial situation.
1) Laperal filed a case to recover property he sold to the Japanese Military Controlled Republic of the Philippines during the war for P500,000 in Japanese Military notes, alleging the sale was made under duress due to threats by Japanese representatives and the consideration was grossly inadequate.
2) The trial court ruled in favor of Laperal, finding the sale was made under duress given the circumstances of the Japanese occupation.
3) On appeal, the respondent could not deny Laperal's allegations of duress due to lack of knowledge, and circumstances indicated the sale was unlikely to have been voluntary given Laperal's financial situation.
CA Ernesto, Fortunata, Montano, Guadalupe, Luis and Rosalia, all
surnamed Yturralde (Annexes C and F, Petition). However, FACTS: summons could not be served on three of the respondents therein, Spouses Francisco Yturralde and Margarita de los Reyes, Josefina, Zosima and Ramon Yturralde, as they were no longer owned a parcel of agricultural land located in Guilinan, Tungawan, residing at their last known addresses (Annexes B, C and F, Petition). Zamboanga del Sur, containing an area of 14.1079 hectares, more The Judge then presiding the Court of First Instance of Zamboanga or less, and registered in their names under Original Certificate of del Sur, Hon. Dimalanes Buissan, in his order dated October 7, 1965, Title No. 2356 of the Office of the Register of Deeds of Zamboanga directed that summons be served upon the said three respondents del Sur. Sometime in the year 1944, Francisco Yturralde died therein (Annex C, Petition). On November 20, 1965, the Court intestate, survived by his wife, Margarita de los Reyes, and their rendered a decision consolidating the ownership of the subject children who are the petitioners herein, Ernesto, Fortunata, property in favor of Rebollos, and ordering the Register of Deeds of Montano, Zosimo, Ramon, Guadalupe, Luis, Josefina and Rosalia, all Zamboanga del Sur to cancel Original Certificate of Title No. 2356 surnamed Yturralde. In 1950, Margarita de los Reyes contracted a covering said property and, in lieu thereof, to issue a transfer second marriage with her brother-in-law and uncle of the certificate of title in the name of Rebollos (Annex H, Petition). petitioners herein, Damaso Yturralde . Issue: On May 30, 1952, Damaso Yturralde and Margarita de los Reyes Whether the requirements for consolidation of ownership executed a deed of sale with right of repurchase in favor of the by vendee a retro had been complied with? respondent herein, Isabelo Rebollos, covering the above-mentioned property in consideration of the sum of P1,715.00. The vendors a Held: retro failed to exercise the right to repurchase the property within the three-year period agreed upon, which expired on May 30, 1955. Unlike the old Civil Code, Article 1607 of the new Civil Code of 1950 provides that consolidation of ownership in the vendee a retro of In 1961, Margarita de los Reyes died. real property by virtue of the failure of the vendor a retro "to On May 3, 1965, the respondent, Isabelo Rebollos, filed a petition comply with the provisions of Article 1616 shall not be recorded in for consolidation of ownership with the Court of First Instance of the Registry of Property without a judicial order, after the vendor Zamboanga del Sur, docketed as Civil Case No. 436 therein, naming has been duly heard." In the case of Teodoro vs. Arcenas, 1 this as respondents in the case the petitioners herein and Damaso Court, through Mr. Justice Jose B. L. Reyes, ruled that under the Yturralde (Annex A, Petition). Summons was then issued, and aforesaid Article 1607 of the new Civil Code, such consolidation received on June 17, 1965 by the respondent therein, Damaso, shall be effected through an ordinary civil action, not by a mere motion, and that the vendor a retro should be made a party Paredes v. Espino, 22 SCRA 1000 defendant, who should be served with summons in accordance with Rule 14 of the Revised Rules of Court; and that the failure on the FACTS: part of the court to cause the service of summons as prescribed in Paredes had filed an action to compel defendant-appellee Espino to Rule 14, is sufficient cause for attacking the validity of the judgment execute a deed of sale and to pay damages. The complaint alleged and subsequent orders on jurisdictional grounds. 2 The Court in said that the defendant "had entered into the sale" to plaintiff of a lot; case stressed that the reason behind the requirement of a judicial that the deal had been "closed by letter and telegram" but the order for consolidation as directed by Article 1067 of the new Civil actual execution of the deed of sale and payment of the price were Code is because "experience has demonstrated too often that many deferred to the arrival of defendant at Puerto Princesa; that sales with right of re-purchase have been devised to circumvent or defendant upon arrival had refused to execute the deed of sale ignore our usury laws and for this reason, the law looks upon them although plaintiff was able and willing to pay the price, and with disfavor (Report of the Code Commission, pp. 63-64). When, continued to refuse despite written demands of plaintiff therefore, Article 1607 speaks of a judicial order after the vendor ISSUE: shall have been duly heard, it contemplates none other than a Whether or not it is barred by Statute of Frauds? regular court proceeding under the governing Rules of Court, HELD: wherein the parties are given full opportunity to lay bare before the The letter showing all the essential elements of a contract of sale court the real covenant. Furthermore, the obvious intent of our Civil was an adequate memorandum of the transaction to remove it Code, in requiring a judicial confirmation of the consolidation in the from the operation of the Statute of Frauds. The case was vendee a retro of the ownership over the property sold, is not only remanded to the lower court for decision. to have all doubts over the true nature of the transaction speedily ascertained, and decided, but also to prevent the interposition of buyers in good faith while such determination is being made. Under Laperal vs. Rogers the former method of consolidation by a mere extrajudicial affidavit Facts: of the buyer a retro, the latter could easily cut off any claims of the seller by disposing of the property, after such consolidation, to Roberto Laperal sold his property to the Japanese Military strangers in good faith and without notice. The chances of the seller Controlled Republic of the Philippines for the sum of P.500,000 in a retro to recover his property would thus be nullified, even if the Japanese Military War notes. When Japanese occupation was over, transaction were really proved to be a mortgage and not a sale." Laperal filed an action for recovery of hisproperty with the alien property custodian alleging that the sale took place during the Japanese regime amd was madeunder duress and the consideration country without the consent of theirrespective owners, for their use was grossly inadequate. The trial court ruled in favor of Laperal. in the prosecution of the war, resorting in some cases to the expedient of making theowners execute deeds of sale or contracts Laperal’s contention: of lease;(2) It is not denied that appellee, before the war and at the The main allegations of the complaint were that appellee executed time of the execution of the questioned sale, was a very richman the deed of sale of April 12, 1944 in favor of theoccupation Republic with extensive real state holdings principally in Manila. The record of the Philippines under duress and due to the threats employed by discloses in this connection, that from 1914 up tothe date of the the representatives of theJapanese Military Administration, and sale, he had not disposed of a single property by sale. The record that the consideration of P500,000.00 in Japanese Military notes further shows that at the time of the sale,he was in possession of a wasgrossly inadequate. considerable amount of money, both in genuine Philippine currency and in Japanese military notes. Highly solvent as he was at the time, Respondent’s contention: it was improbable – to say the least – that he would dispose of such valuableproperty as the one in question. If he had been in need of The Philippine Alien Property Administrator denied, for lack of money at all, he would probably have sold some other much knowledge and information, plaintiff’s allegationsconcerning the lessdesirable property. One may believe that the sale in question circumstances under which the sale of the property was allegedly was voluntary only by assuming that Laperal sold theproperty made. The Register of Deeds of Manila was declared in default due involved to collaborate in the attainment of the ends pursued by to his failure to answer the complaint within the reglementary the Japanese army of occupation – anassumption completely period. unjustified in this case in view of the absolute absence of evidence, Issue: direct or indirect, that Laperalcollaborated or had ever intended to collaborate with the enemy.(3) Was the deed of sale executed under duress that the contract can be nullified? The consideration paid for the property, namely the sum of P500,000.00 in Japanese military notes, was grossly inadequate. Held: It has been agreed, for the purpose of this case, that at the time of With respect to the first issue, the lower court found on the basis of the sale (April 1944), a pre- war Philippine peso was worth fourteen the evidence before it, that the sale was executedunder duress.(1) It Japanese military pesos. On the other hand, the evidence of record is of common knowledge that, during the second world war, the shows that thepre-war assessed value of the property in question Japanese army of occupation in the Philippines, didoccupy and take was P92,995.00 which, if reduced to its equivalent value in terms of private properties in the City of Manila and elsewhere in the Japanese military notes as of April 1944, would have amounted to around P1,300.000.00 (Japanese military notes). Wemust also consider the fact that the pre-war assessed value of the property did not represent its real or actual value whichcould easily be around P200,000.00.
Reduced to its equivalent in Japanese military notes, this would
havemeant around P2,800,000.00. Instead, he was merely paid P500,000.00 in Japanese military notes, orthe equivalent of something around P35,000.00, Philippine currency, at the time.
Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford
December Term, 1856.
Guerrilla Counterintelligence Insurgent Approaches To Neutralizing Adversary Intelligence Operations, Turbiville JR., JSOU (2009), Uploaded by Richard J. Campbell