Martes, Agosto 22, 2017

Bernardo vs. Bernardo, 96 Phil 202 (1954) Case Digest

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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