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Moralidad V Sps Pernes

This case involves a land dispute between Mercedes Moralidad and the spouses Diosdado and Arlene Pernes. Moralidad executed a document granting the Pernes usufructuary rights over a portion of her land on which to build a house, for as long as they lived in harmony. However, relations later soured between the parties. Moralidad filed an ejectment suit, claiming the usufruct had ended due to the loss of cooperation. The MTCC ruled in Moralidad's favor, but higher courts disagreed. The Supreme Court ultimately found the usufruct had terminated due to continuing animosity, reversing the CA and reinstating the MTCC decision in Moralidad's

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132 views2 pages

Moralidad V Sps Pernes

This case involves a land dispute between Mercedes Moralidad and the spouses Diosdado and Arlene Pernes. Moralidad executed a document granting the Pernes usufructuary rights over a portion of her land on which to build a house, for as long as they lived in harmony. However, relations later soured between the parties. Moralidad filed an ejectment suit, claiming the usufruct had ended due to the loss of cooperation. The MTCC ruled in Moralidad's favor, but higher courts disagreed. The Supreme Court ultimately found the usufruct had terminated due to continuing animosity, reversing the CA and reinstating the MTCC decision in Moralidad's

Uploaded by

k santos
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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117.

MORALIDAD v PARTIES INVOLVED: ISSUE: Whether or not respondents’ right to possess


PERNES Petitioner: Mercedes Moralidad, registered owner of the parcel of land in the land had been terminated
Davao City
Respondent: Sps. Diosdado and Arlene Pernes, (pamangkin of Mercedes) HELD: Yes.

HOW THE CASE STARTED  The document executed by the petitioner


constitutes the title creating and sets forth the
 Petitioner worked in the USA until her retirement. She would spend conditions of the usufruct.
her 2-month summer vacation in Mandug, Davao City, and would  Petitioner had given the respondents the
usually stay in the house of her niece, respondent Arlene Pernes. usufructuary rights over the portion of the land
 Respondent Arlene informed petitioner that Mandug was infested and the duration of which being dependent on
by NPA rebels, thereafter petitioner sent money to buy a lot in how long respondents would like to occupy the
Davao City proper where respondents could transfer and settle property.
down  The term or period of the usufruct originally
 The subject lot was initially for the respondents’ benefit but later specified provides only one of the bases for the
petitioner wanted the property to also be available to any of her right of a usufructuary to hold and retain
family members thus she executed a document which provides the possession of the thing given in usufruct.
ff:  The occurrence of any of the following: the loss of
o Sps Pernes may build their house therein & stay as long as the atmosphere of cooperation, the bickering or
they like the cessation of harmonious relationship among
o Anybody of Mercedes’ kins who wishes to stay on the real the family members constitutes a resolutory
property should maintain an atmosphere of cooperation, condition which, by express wish of the petitioner,
live in harmony and must avoid bickering with one another extinguishes the usufruct.
o Anyone of Mercedes’ kins may enjoy the privilege to stay  The continuing animosity between the petitioner
therein and may avail the use thereof and respondents are enough factual bases to
 Petitioner came back to the Phil. to stay with respondents however consider the usufruct as having been terminated.
in the course of time their relations turned sour
o There were incidents with violent confrontations wherein FALLO:
petitioner claimed that she sustained cuts and wounds Wherefore, the petition is GRANTED. The assailed
Decision and Resolution of the CA are REVERSED and
PETITIONER FILED AN UNLAWFUL DETAINER SUIT AGAINST SET ASIDE. Accordingly, the decision of the MTCC is
RESPONDENTS REINSTATED with MODIFICATION that all of
respondents’ counterclaims are dismissed, including
 Alleged that she is the registered owner of the land on which their claims for reimbursement of useful and necessary
respondents build their house; that she demanded respondents to expenses.
vacate the premises but they refused
 Respondents contention: Petitioner had full knowledge and express
consent of their stay in the property as stipulated in the document
she executed

RULING OF THE MTCC: In favor of petitioner

 Respondents’ continued possession of the premises become


unlawful upon the petitioner’s demand to vacate

RULING OF THE RTC: Reversed MTCC decision

 Respondents’ possession of the property was not be mere


tolerance but rather by express consent
RULING OF THE CA : Dismissed the case

 The ejectment suit was premature: the issue of whether


respondents’ right to possess a portion of petitioner’s land had
already expired or was terminated was not yet resolved
 What governs the right of the parties is the law on usufruct but
petitioner failed to establish that respondents’ right to possess had
already ceased

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