Case Digest: Lebrudo, et al vs Loyola GR No 181370

By ResIpsaLoquitor -
Case Digest: Lebrudo, et al. vs Loyola 
GR No 181370                                                                   March 9, 2011

Facts:
Loyola owns a 240-square meter parcel of alnd known as Lot No. 723-6, Block 1, Psd-73149 covered by TCT/CLOA No. 998. Lebrudo filed an action for the cancellation of the said TCT/CLOA and the issuance for the 1/2 portion of the lot in his name. In his complaint, he alleged that sometime in 1989, he was approached by Loyola to redeem the lot, which was mortgaged by Loyola's mother to Trinidad Barreto, and that he helped Lebrudo in obtaining title to the lot in her name by shouldering all the expenses for the transfer of the title of the lot from her mother. In exchange for this, Lebrudo promised to give Loyola the 1/2 portion of the lot and that Loyolla allegedly executed a Sinumpaang Salaysay in support for this matter.

However, Loyola in her answer has denied that she approached and sought help in titling from Lebrudo. She also denied that she promise Lebrudo the 1/2 portion of the said property and the genuineness of the Sinumpaang Salaysay.

Issue:
Whether or not Lebrudo is entitled to the 1/2 portion of the lot covered by RA 6657 on the basis of the waiver and transfer of rights in the Sinumpaang Salaysay allegedy executed by Loyola in his favor.

Ruling:
No, lands acquired by beneficiaries under Ra 6657 cannot be sold, transferred or conveyed except through hereditary succession, or to the government or to the LBP, or to other qualified beneficiaries for a period of 10 years, according to Sec 27 thereof.

It is clear that LEbrudo does not fall under any of the exception and that the Sinumpaang Salaysay is void falling under the 10-year prohibition provided by Ra 6657.

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