Yulo subsequently passed away on July 21, 2008.
Petitioner Republictendered a specific denial as required under Section 10, Rule 8 of the 1997 Rules of Civil Procedure, as amended, viz.: Hence, the withdrawal from sale, settlement or any other form of disposition, exploration or exploitation, and the subsequent reservation as a pasture reserve of the described parcel of land situated in the island of Busuanga, Palawan, as ordered by Presidential Proclamation No.
Defendants-in-intervention YKR possessed and had control of the properties during the time that the Marcos Government declared Martial Law. After the hearing, the judgment sought shall be rendered forthwith if the pleadings, supporting affidavits, depositions, and admissions on file, showthat, except as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Plaintiff-in-intervention PABC could not obtain judicial relief during the Martial Law regime without incurring the ire of the Marcoses and risking retaliation;.
Marcos sought to be forfeited or reconveyed to plaintiff in the instant action is the real property known as the Yulo King Ranch located at Busuanga, Palawan, listed in Annex A of the complaint and the expanded complaint, as part of the properties of defendant-inintervention Peter Sabido; 2.
Diaz-Baldos concurring. Velez, 395 Phil. The disposition of a civil action viasummary judgment is a method sanctioned under the Rules where there exists no question or controversy as to the material facts.
Among the assets allegedly belonging to defendants-inintervention Ferdinand E. Plaintiff Republic also noted that its interest in the subject land finds basis not from a Sequestration Order but from Presidential Proclamation No.
It granted the motion for summary judgment and decided the instant case on the conclusion that the instant controversy posed only pure questions of law, as follows: And by virtue of said transfer of title over the subject land, PABC has acquired all vested rights which its predecessors-in-interest exercised over said property, which rights are recognized and respected by Presidential Proclamation No.
Sandiganbayan, 323 Phil. That is, when the facts are not in dispute, the court is allowed to decide the case summarily by applying the law to the material facts.
The properties have never been registered in the names of any of the defendants-in-intervention;.
We cannot thus properly ascertain whether the facts which the latter could not make any truthful admission or denial are so plainly and necessarily within their knowledge. In the assailed Resolution promulgated on June 30, 2009, the court a quostated, viz.:.Diabetes, Kojo Yankson's Story - The Standpoint
Jurado and Teresita V. Pursuant to Section 13, Article VIII of the 1987 Constitution and the Division Acting Chairperson's Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. Petitioner Republic, claiming a superior right to the subject properties by virtue of Presidential Proclamation No.
Without clear, positive and absolute evidence that respondent PABC has a better right than petitioner Republic, such "genuine issue of fact" could not be resolved because we simply do not have the facts to rule on the issue. Citation omitted. Marcos in illegally acquiring the real property which is the subject of the Complaint-in-intervention, the truth being that at the time of the alleged unlawful act in 1975, defendant-in-intervention Sabido had no involvement directly or indirectly with co-defendantsin-intervention Marcoses and YKR Corporation, much less in the alleged unlawful acquisition of said property; 2.
Defendant-in-intervention Republicfiled its "Reply" on 9 May 2007 admitting the following: