Bernardo vs. Bernardo
G.R. No. 5872, November 29, 1954, 96 Phil 202 (1954)
Case Digest
By: G-one T. Paisones
Doctrine:
Terms
with Legal Meaning
Facts:
Enrique
Bernardo the petitioner sold his lot to the respondent Crisostomo S.
Bernardo. That lot also found that the house of the petitioner since July 13, 1944;
that because of family relationship the petitioners "were able to remain
in the premises due to the tolerance of, and out of charity from, the appellee
(respondent Crisostomo Bernardo) and his deceased parents who were the rightful
lessees of the lot in question."
Due to his long stay in that parcel
of land; the petitioner argue that he is a bona fide occupants therof because of
his long stay in said parcel of land.
Issue:
Whether or not the terms
"actual bona fide settlers and occupants", plainly
indicating that "actual" and "bona fide" are synonymous
based on the existing laws.
Held:
No.
Ratio:
the terms "actual bona
fide settlers and occupants", plainly indicating that
"actual" and "bona fide" are not synonymous, while
the Commonwealth acts deleted the term "actual" and solely used the
words "bona fide occupant", thereby emphasizing the
requirement that the prospective beneficiaries of the acts should be endowed
with legitimate tenure.
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