Cruz v. Nalda

CONCEPCION, J.:

Amparo Cruz seeks the review by certiorari of a decision of the Court of Appeals dismissing her petition in this case and dissolving the writ of preliminary injunction therein issued. It appears that, on June 13, 1956, a contract was entered into by and between said Amparo Cruz - hereinafter referred to as petitioner - on the one hand, as lessee, and members of the Nalda family 1 - hereinafter referred to as respondents - as well as Angela M. Butte hereinafter referred to as Mrs. Butte - on the other hand, as co-lessors, whereby the latter leased to the former three (3) parcels of land, located in the City of Manila and more particularly described in the contract, including the building existing thereon. One (1) of said parcels of land, known as Lot No. 4, Block No. 2142 of the Cadastral Survey of Manila, has an area of 544.90 square meters.

Four-fifths (4/5) thereof - seemingly pro indiviso - belongs to said respondents. The estate of the late Carlos Gil owns the remaining one-fifth (1/5), which had been leased to Mrs. Butte. The other two (2) parcels of land adjoin said Lot No. 4, and are known as Lots No. 3 and 16 of the same block, containing, more or less, 386.80 square meters and 0.60 square decimeters, respectively.

Both are the exclusive property of Mrs. Butte, who, before the year 1956, had, with the consent of respondents and the representatives of the estate of Carlos Gil, constructed on the three (3) lots building, known as "Society Theater," and other improvements, which thereby became common property of the owners of the lots, in the following proportions, more or less: 1. A. M. Butte 386.80 sq.mts; 2.

Estate of Carlos Gil 108.98 sq.mts; 3. Hernandez Nalda et als. 349.64 sq.mts; 4.

Naldas and Antonio Hernandez Nalda 86.64 sq.mts. T O T A L