Patangan v. Heirs of Patangan
Patangan v. Heirs of Patangan
Patangan v. Heirs of Patangan
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution
dated 10 October 2018 which reads as follows:
"G.R. No. 234502 (Aguinaldo Patangan, Demosthenes
Patangan, Patrocinia Patangan Pulvera, Priscilla Patangan Reyes,
Placido P. Reyes, Jr., and Vicente P. Reyes v. Heirs of Margarito
Patangan and Spouses Chester B. and Elsie O. Arado)
After a judicious study of the case, the Court resolves to DENY the
instant petition 5 and AFFIRM the April 24, 2017 Decision 6 and the August
16, 2017 Resolution 7 of the Court of Appeals (CA) in CA-G.R. CV No. 04154-
MIN for failure of petitioners Aguinaldo Patangan (Aguinaldo), Demosthenes
Patangan, Patrocinia Patangan Pulvera, Priscilla Patangan Reyes, Placido P.
Reyes, Jr., and Vicente P. Reyes (petitioners) to sufficiently show that the CA
committed any reversible error in upholding the dismissal 8 by the Regional
Trial Court of Mambajao, Camiguin, Branch 28 (RTC) of their Complaint 9 for
Specific Performance and Injunction with Damages against respondents
Heirs of Margarito Patangan (Margarito's heirs) and Spouses Chester B. and
Elsie O. Arado (Spouses Arado), docketed as Civil Case No. 689. acEHCD
By:
Footnotes
4. See id . at 46.
5. Id. at 17-44.
7. Id. at 226-227.
13. Articles 1357 and 734 of the Civil Code respectively provide:
Article 1357. If the law requires a document or other special form, as in the
acts and contracts enumerated in the following article, the contracting
parties may compel each other to observe that form, once the contract
has been perfected. This right may be exercised simultaneously with the
action upon the contract.
Article 734. The donation is perfected from the moment the donor
knows of the acceptance by the donee. (Emphases and underscoring
supplied)
15. Articles 745, 746, and 747 of the Civil Code provide:
Article 745. The donee must accept the donation personally, or through
an authorized person with a special power for the purpose, or with a general
and sufficient power; otherwise, the donation shall be void.
Article 746. Acceptance must be made during the lifetime of the donor
and of the donee.
Article 1356. Contracts shall be obligatory, in whatever form they may have
been entered into, provided all the essential requisites for their validity are
present. However, when the law requires that a contract be in some
form in order that it may be valid or enforceable, or that a contract be
proved in a certain way, that requirement is absolute and
indispensable. In such cases, the right of the parties stated in the
following article cannot be exercised. (Emphases and underscoring
supplied)
19. See Leal v. Intermediate Appellate Court, 239 Phil. 377, 383 (1987).