Petitioner
Vicente Ibay
Respondent
The Honorable Intermediate Appellate Court
Citation
G.R. No. 67279
Court
Supreme Court
Division
Third Division
Ponente
Davide, Jr., J.
Decided
June 3, 1992

Summary

This case involved a dispute over possession of a half-portion of a PHHC lot in Quezon City. Vicente Ibay claimed ownership based on a 1960 transfer from Rosita Abando, but the People's Homesite and Housing Corporation disapproved the transfer because Ibay already owned another PHHC lot, violating the one-lot-per-person policy. After the Abandos obtained title in 1971, they sued for recovery of possession in 1978. All three court levels ruled against Ibay, finding that the transfer was merely of applicant's rights, not a sale, and was void ab initio for violating PHHC regulations promulgated pursuant to law. The Supreme Court emphasized that Ibay was aware of his disqualification and the disapproval but took no action to remedy the situation, confirming that no rights could arise from a contract void ab initio. The decision upheld the policy of distributing PHHC lots to as many needy families as possible.

Statutes applied

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By the Intellegal Editorial Board · June 3, 1992

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