SORIANO VERSUS ABALOS
The object of the dispute in such a case is a package of land originally held by Adriano Soriano whom died intestate in 1947. Heirs of Adriano Soriano leased the exact property to husband and wife David para Vera and Consuelo Villasista on Summer 30, 1967, for a amount of fifteen (15) years starting July one particular, 1967. For the contract of lease, passage 5, provided that Roman Soriano, one of the children of the late Adriano, could be the caretaker with the property throughout the rental. During the effectivity of the rent contract, the heirs of Adriano Soriano entered into a great extrajudicial pay out of his estate. In January 14, 1968, the home was divided into two (2) lots, Great deal No . 60052 and Lot No . 8459. The Great deal No . 60052 (Lot 1) was designated to Lourdes, Candido and the heirs of Dionisia while the Lot Number 8459 (Lot 2) was assigned to Francisco, Librada, Elcocadio and Roman. The newest owners of Lot Number 60052 offered the portions assigned to them to spouses Braulio and Aquilina Abalos. As well as, the newest owners of Lot 8459, except Both roman, sold their particular shares for the Abalos husband and wife. On 03 14, 1968, the para Vera spouses ousted Both roman as caretaker and hired Isidro Versoza and Vidal Versoza since his substitutes. Thereafter, Both roman filed a case for reinstatement and reliquidation against the sobre Vera spouses. On September 30, 1969, the Arcadian Court rendered a decision permitting the ejectment of Both roman. On appeal, the decision was reversed by Court of Appeals. However , before it had been executed, the parties created a post-decisional agreement wherein the para Vera husband and wife allowed Both roman Soriano to sub-lease the exact property until the termination of the unique lease on June 31 1982. This kind of agreement was approved by the CAR court within an order old December 22, 1972. Upon August 18, 1976, the Abalos husband and wife filed while using then Court of Initial Instance of Pangasinan by Lingayen a software for subscription of name. The application stated ownership with the entire lot No . 60052 and 3/4 pro-indiviso of Lot No . 8459. The Director of Lands and Roman Soriano filed individual oppositions to the application. The latter's competitors alleged the fact that two (2) lots subject of the app have not however been subdivided and remained as one package; that he is the co-owner pro-indiviso of the combined area of the two (2) lots and not to one-fourth (1/4) of Lot No . 8459 while alleged in the application; and the applicant's method to obtain ownership is voidable. The Republic eventually conceded the fact that land sent applications for was non-public and throw-away. The RTC, acting like a Land Subscription Court, naturally the application to get Registration. On April 13, 1983, after the expiration from the original rent and the sub-lease in favor of Roman Soriano, the Abalos spouses filed a case for against the law detainer against Roman Soriano. This case, nevertheless , was terminated on action of the complainants, Abalos spouses. For their portion, Elcocadio, Librada, Roman, Francisco, Lourdes, Candido and the heirs of Dionisia, filed a complaint to annul the deeds of sale that they executed for the Abalos spouses or should the deeds be not really annulled, allowing Roman, Elcocadio and Librada to get those stocks sold simply by Candido, Lourdes, Francisca as well as the heirs of Dionisia and also to uphold Both roman Soriano's possession of the fish pond portion of the home as a tenant-caretaker. After the dismissal of the case pertaining to unlawful detainer, the Abalos spouses a motion for execution in the post-decisional purchase embodying the agreement of Roman Soriano and the de Vera spouses allowing the previous to sublease the property. Concern: Whether or not a motion for execution of your post decisional agreement given the green light by the courtroom in 1972 might still be recorded eleven (11) years after.
Decision: Number It should be noted which the meat from the post decisional agreement sought to be accomplished was the creation of a sub- lessor and sub-lessee relationship between the sobre Veras and Roman Soriano. While it shows up...