Scribd Logo
Upload

Welcome to Scribd!

  • 41 views

    Civil Law - AFP Mutual Benefit Association, Inc. v. Regional Trial Court, Marikina City. G.R. No. 183906. February 14, 2011

    Uploaded by

    Dayday Able
    Investco sold some properties to Solid Homes but Solid Homes defaulted on payments, so Investco sued. During this lawsuit, Investco sold the properties to AFPMBAI. Solid Homes then sued AFPMBAI and Investco, claiming AFPMBAI knew about the prior sale to Solid Homes. The court initially ruled in favor of AFPMBAI. Solid Homes then petitioned for relief, claiming fraud by AFPMBAI. The court agreed to reconsider. The Supreme Court then ruled that the fraud alleged goes to the merits of the case, not Solid Homes' right to be heard, so the issue of whether AFPMBAI was a buyer in good faith was already decided and cannot be reheard due

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Civil Law - AFP Mutual Benefit Association, Inc. v. Regional Trial Court, Marikina City. G.R. No. 183906. February 14, 2011

    Uploaded by

    Dayday Able
    41 views2 pages
    Investco sold some properties to Solid Homes but Solid Homes defaulted on payments, so Investco sued. During this lawsuit, Investco sold the properties to AFPMBAI. Solid Homes then sued AFPMBAI and Investco, claiming AFPMBAI knew about the prior sale to Solid Homes. The court initially ruled in favor of AFPMBAI. Solid Homes then petitioned for relief, claiming fraud by AFPMBAI. The court agreed to reconsider. The Supreme Court then ruled that the fraud alleged goes to the merits of the case, not Solid Homes' right to be heard, so the issue of whether AFPMBAI was a buyer in good faith was already decided and cannot be reheard due

    Original Description:

    case law

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Investco sold some properties to Solid Homes but Solid Homes defaulted on payments, so Investco sued. During this lawsuit, Investco sold the properties to AFPMBAI. Solid Homes then sued AFPMBAI and Investco, claiming AFPMBAI knew about the prior sale to Solid Homes. The court initially ruled in favor of AFPMBAI. Solid Homes then petitioned for relief, claiming fraud by AFPMBAI. The court agreed to reconsider. The Supreme Court then ruled that the fraud alleged goes to the merits of the case, not Solid Homes' right to be heard, so the issue of whether AFPMBAI was a buyer in good faith was already decided and cannot be reheard due

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    41 views2 pages

    Civil Law - AFP Mutual Benefit Association, Inc. v. Regional Trial Court, Marikina City. G.R. No. 183906. February 14, 2011

    Uploaded by

    Dayday Able
    Investco sold some properties to Solid Homes but Solid Homes defaulted on payments, so Investco sued. During this lawsuit, Investco sold the properties to AFPMBAI. Solid Homes then sued AFPMBAI and Investco, claiming AFPMBAI knew about the prior sale to Solid Homes. The court initially ruled in favor of AFPMBAI. Solid Homes then petitioned for relief, claiming fraud by AFPMBAI. The court agreed to reconsider. The Supreme Court then ruled that the fraud alleged goes to the merits of the case, not Solid Homes' right to be heard, so the issue of whether AFPMBAI was a buyer in good faith was already decided and cannot be reheard due

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    G.R. No.

    183906 : February 14, 2011


    AFP MUTUAL BENEFIT ASSOCIATION, INC. Petitioner, v. REGIONAL TRIAL
    COURT, MARIKINA CITY, BRANCH 193 and SOLID HOMES,
    INC., Respondents.
    ABAD, J.:
    FACTS:
    Investco, Inc. (Investco) entered into a contract to sell to Solid Homes, Inc.
    (Solid Homes) certain properties in Quezon City and in Marikina City. But,
    because Solid Homes defaulted in payments, Investco sued for specific
    performance and damages. During the pendency of the action, Investco
    sold the properties to the Armed Forces of the Philippines Mutual Benefits
    Association, Inc. (AFPMBAI).
    Solid Homes filed an action against the Register of Deeds, AFPMBAI, and
    Investco with the Regional Trial Court (RTC), which rendered a decision,
    directing the Register of Deeds to cancel Solid Homes notice of lis
    pendens on AFPMBAIs titles and declared AFPMBAI a buyer in good faith and
    for value.
    Solid Homes filed a petition for relief from judgment claiming that Investco
    and AFPMBAI committed extrinsic fraud involving AFPMBAIs alleged failure
    to disclose its knowledge of a prior sale between Investco and Solid Homes.
    The RTC issued an order, giving due course to Solid Homes petition.
    ISSUES: Whether or not the RTCs grant of Solid Homes petition for relief
    based on AFPMBAIs alleged fraud in acquiring its titles to the subject
    property is barred by res judicata.
    HELD:

    Petition is meritorious.
    CIVIL LAW: Fraud
    The extrinsic fraud that will justify a petition for relief from judgment is that
    fraud which the prevailing party caused to prevent the losing party from
    being heard on his action or defense. Such fraud concerns not the judgment
    itself but the manner in which it was obtained. For example, the petition of a
    defending party would be justified where the plaintiff deliberately caused
    with the process servers connivance the service of summons on defendant
    at the wrong address and thus succeeded in getting a judgment by default
    against him.
    Here, the fraud that Solid Homes proposed as ground for its petition for
    relief is Investco and AFPMBAIs alleged prior knowledge of the sale of the
    disputed lands to Solid Homes, which fraud goes into the merit of the case
    rather than on Solid Homes right to be heard on its action. In effect the
    RTC will rehear the issue of whether or not AFPMBAI was a buyer in good
    faith, an issue barred by res judicata.
    Petition is GRANTED.

    You might also like