CAL v. ZOSA
CAL v. ZOSA
CAL v. ZOSA
ZOSA The Court herein ruled that the petitioners failed to prove
Topic: Section 32, PD 1529; Remedies fraud on the part of Zosa
Petitioners failed to prove that Zosa employed deliberate
FACTS: misrepresentation such as deliberately failing to notify the
Four children (Jimeno siblings) inherited the estate of their party entitled to notice, or in including him not to oppose an
parents – including a parcel of land which is the land in application, or in misrepresenting about the identity of the lot
question to the true owner by the applicant causing the former to
The land was located in Toledo City withdraw his application. All these acts constitute as extrinsic
Had tax declarations fraud – however, none of these was ever proved by
Respondent Zosa was hired by the four siblings as their petitioners herein.
counsel
The siblings executed a deed of assignment in favor of PETITION DEINED
Respondent Zosa
The deed of assignment included the land in question
The said deed of assignment was approved by the trial court
The siblings then sold the said land to Barba
In the meantime, the Bureau of Lands effected a cadastral
survey over the lots located in Toledo City – it included the
land in question
The Director of the Bureau of Lands then filed with the City
Court of Toledo City a petition for registration of the said land
in the name of any claimant found to be entitled thereto
Respondent Zosa claimed ownership of the land
Such claim was opposed by Barba, stating that the said land
was sold to him by the siblings and that he already
subsequently sold the same to Tango-an who then sold it to
petitioners herein
The RTC ruled in favor of Zosa; affirmed by the CA
Petitioners argue that Zosa employed extrinsic fraud in
registering the said property
HELD:
NO