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Legal Resolution in Land Dispute

This case involves a land dispute between Agustin Dormitorio and Jose Lazalita over property that both claim to have purchased from the Municipality of Victorias. In 1961, a court ruled in favor of Dormitorio and ordered Lazalita to vacate the land and pay rent. However, in 1965 the parties agreed to a compromise and submitted an Agreed Stipulation of Facts. The court then issued a new judgment based on the compromise. Later, Dormitorio sought to enforce the original 1961 judgment, but the judge set this aside as the compromise agreement had novated the original judgment, creating new rights and obligations between the parties.

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144 views2 pages

Legal Resolution in Land Dispute

This case involves a land dispute between Agustin Dormitorio and Jose Lazalita over property that both claim to have purchased from the Municipality of Victorias. In 1961, a court ruled in favor of Dormitorio and ordered Lazalita to vacate the land and pay rent. However, in 1965 the parties agreed to a compromise and submitted an Agreed Stipulation of Facts. The court then issued a new judgment based on the compromise. Later, Dormitorio sought to enforce the original 1961 judgment, but the judge set this aside as the compromise agreement had novated the original judgment, creating new rights and obligations between the parties.

Uploaded by

Ayanna Noelle Villanueva
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Agustin Dormitorio vs.

Jose Fernandez
GR No. L-25897, 1976-08-21

Facts: The Municipality of Victorias is the owner of several parcels of lands in Victorias, Negros
Occidental. In 1948, it sold lot No.1 Block 16 with an area of 230 sq. m. at 1 peso per sq. meter to Serafin
Lazalita Payment for said lot was completed in 1958 Lazalita had been in ful and peaceful possession of
the said land for eight continu os years ad he introduced permanent and invaluable improvements
thereon süch as fruite trees, a house of strong materials, etc In 1955, Agustin and Leoncia Dormitorio
also purchased a land from the Municipality of Victorias. They bought Lot No. 2, Block 16 having an area
of 343 sq. meters at 1 peso per sq. meter. They, however, have not taken actual Possession of the land.

In 1958, Dormitorios filed a Suit for ejectment against Lazalita. The Municipal Mayor and Counci tried to
settle the matter between the parties. A private surveyor was hired and it was found out that the lot
sold by the Municipality to Lazalita was converted to the Municipal Road known as Jover Street and the
lot presently occupied by him is supposed to be Lot. No. 2 bought by the Dormitorios .

In 1961, CFI rendered judgment in favor of the Dormitorios, ordering Lazalita to vacate the land and to
pay amonthly rental to the former at a rate of 20 pesos a month azalita, with the Dormitorios, then filed
a case against the Municipality of Victorias because the value of the improvement he made on the tand
have lar exceeded the purchase price The Municipality of Victorias, is willing to amicabily settle the case,
by giving the plaintiff another lot, if they could open their newly proposed subdivision, or pay back
Lazalita the amount necessary and just for him to acquire another lot for his residence and for the
expenses of transfering his present residential house thereto.

In 1965, he parties agreed and submitted an Agreed Stipulation of Facts before the court. Accordingly.
judgment was rendered based on the same. Thereafter, the Dormitorios filed a writ of execution for the
enforcement of the earlier judgment by the Court ordering Lazalita to pay 20 pesos monthly rental and
to vacate said property. The petition was granted. However, Judge Fernandez set aside said writ of
execution on the ground that it was obtained by means of fraud, misrepresentation and concealment of
the true facts of the case by making it appear that the case was still enforceable (even if it had already
been novated by a subsequent agreement by the parties). It found out that the said order was granted
based on a decision of the Court on Sept. 5, 1961 (prior to the Agreed Stipulation of Facts submitted by
both Par ties on Feb. 12, 1965)

Issue: Whether or not the judgment of the court had been novated and thus can no longer be
enforced?

Ruling: Yes, the agreement filed by the parties obligation which naturally superseded the prior
judgment. lt is proper to show that there is animus novandi between the parties for novation to properly
take effect. in the case at bar the presence or animus novanaiis undeniable, Secondly the decision
resulting from a compromise had the effect of res judicata. The parties therefore are bound by it. The
judge therefore committed no error in setting aside the order of execution as the same had only set
maters right.
The compromise agreement created new rights & obligations between the parties were Superseded the
judgment of the municipal court. he judge properly set aside execution mistakenly issued.the presence
of animus novandi is undeniable nor there is anything novel in Such an approach When after judgment
has become final facts circumstances transpire to render its execution impossible and unjust the
interested party may ask the court to alter the judgment to harmonize the same with justice .

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