Manuel Mallari v. Rebecca Alsol · G.R. 150866

Petitioner: Manuel Mallari
Respondent: Rebecca Alsol
Citation: G.R. No. 150866
Court: Supreme Court
Division: Third Division
Ponente: Carpio, J.
Decided: March 6, 2006

Summary

This case involves siblings Manuel and Rebecca Mallari disputing possession of market stalls inherited from their father. When Rebecca left for medical treatment, Manuel occupied her stall and refused to vacate despite a city committee award and lease contract in Rebecca's favor. The Regional Trial Court ordered Manuel to vacate and pay damages. The Court of Appeals reduced damages but sustained Rebecca's right to the stall. The Supreme Court affirmed, ruling the lease contract valid under local government law, with the city mayor having proper authority to execute it. The Court sustained attorney's fees as Rebecca was compelled to litigate. The decision clarifies municipal lease authority and validates contractual rights despite procedural defects in notarization.

Statutes applied

Civil Code, Art. 2208

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By the Intellegal Editorial Board · March 6, 2006

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