Tuesday, March 20, 2012

Sagrada Orden de Predicadores del Santisimo Rosario Filipinas vs. National Coconut Corporation [91 SCRA 503 G.R. No.L-3756 June 30, 1952]

Facts: Plaintiff’s land was acquired during the Japanese occupation by Taiwan Tekkosho for the sum of P140,000, and the titled was issued in the Japanese corporation’s name. After liberation, the Alien Property Custodian of USA took possession, control, and custody of the land by virtue of the Trading with the Enemy Act as it belonged to an enemy national. Then it was occupied by NACOCO. Plaintiff then claimed the property through an action in court. The parties then presented a joint petition where plaintiff claims that the sale in favor of Taiwan Tekkosho was void as it was executed under threats, duress, and intimidation. It was agreed that the title would be cancelled and re-issued in the name of plaintiff. It was also agreed that the interest of the Alien Property Custodian of USA over the property be cancelled and that NACOCO leave the premises. 

NACOCO does not contest that he is liable for rent after the judgment was rendered with regard to plaintiff’s claim over the property. 

Issue: Whether NACOCO can be liable for rentals from the date when it began to occupy the premises to the date it vacated it. 

Held: NACOCO is not liable for rentals prior to the judgment. For NACOCO to be liable at all, its obligations must arise from any of the sources of obligations, namely law, contract or quasi-contract, crime or negligence. NACOCO is not guilty of any offense at all, because it entered the premises and occupied it with the permission of the entity that had the legal control and administration thereof, the Alien Property Custodian of USA.

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1 comments: on "Sagrada Orden de Predicadores del Santisimo Rosario Filipinas vs. National Coconut Corporation [91 SCRA 503 G.R. No.L-3756 June 30, 1952]"

Anonymous said...

Thank you so much! This helped a lot :)

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