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    Sabidong v. Solas - ESCOVER Specpro

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    shynette escover
    1) In 1983, Saplagio was ordered to vacate portion of Lot 11 that was leased to her after an ejectment suit was filed by Hodges Estate. Saplagio then offered to purchase the lot in installments but the offer was rejected in favor of Nicolasito Solas, a court clerk, who intended to buy the lot. 2) A complaint was filed against Solas, alleging prohibition on court personnel purchasing properties involved in litigation. 3) The Supreme Court held that the prohibition did not apply because the sale did not take place during active litigation involving the property. A property remains in litigation until the probate court issues an order closing the estate proceedings.

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    Sabidong v. Solas - ESCOVER Specpro

    Uploaded by

    shynette escover
    467 views1 page
    1) In 1983, Saplagio was ordered to vacate portion of Lot 11 that was leased to her after an ejectment suit was filed by Hodges Estate. Saplagio then offered to purchase the lot in installments but the offer was rejected in favor of Nicolasito Solas, a court clerk, who intended to buy the lot. 2) A complaint was filed against Solas, alleging prohibition on court personnel purchasing properties involved in litigation. 3) The Supreme Court held that the prohibition did not apply because the sale did not take place during active litigation involving the property. A property remains in litigation until the probate court issues an order closing the estate proceedings.

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    1) In 1983, Saplagio was ordered to vacate portion of Lot 11 that was leased to her after an ejectment suit was filed by Hodges Estate. Saplagio then offered to purchase the lot in installments but the offer was rejected in favor of Nicolasito Solas, a court clerk, who intended to buy the lot. 2) A complaint was filed against Solas, alleging prohibition on court personnel purchasing properties involved in litigation. 3) The Supreme Court held that the prohibition did not apply because the sale did not take place during active litigation involving the property. A property remains in litigation until the probate court issues an order closing the estate proceedings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    467 views1 page

    Sabidong v. Solas - ESCOVER Specpro

    Uploaded by

    shynette escover
    1) In 1983, Saplagio was ordered to vacate portion of Lot 11 that was leased to her after an ejectment suit was filed by Hodges Estate. Saplagio then offered to purchase the lot in installments but the offer was rejected in favor of Nicolasito Solas, a court clerk, who intended to buy the lot. 2) A complaint was filed against Solas, alleging prohibition on court personnel purchasing properties involved in litigation. 3) The Supreme Court held that the prohibition did not apply because the sale did not take place during active litigation involving the property. A property remains in litigation until the probate court issues an order closing the estate proceedings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    EN BANC

    A.M. No. P-01-1448 June 25, 2013

    (Formerly OCA IPI No. 99-664-P)

    RODOLFO C. SABIDONG, Complainant,


    vs.
    NICOLASITO S. SOLAS (Clerk of Court IV), Respondent.

    FACTS:
    In 1983 ejectment suit filed by Hodges Estate, Saplagio was ordered to vacate the portion of Lot 11 leased to
    her so she then submitted an Order to Purchase the subject lot on instalment however the Administratrix of
    Hodges Estate rejected such offer because the actual occupant of Lot 12 (which in this case is respondent
    Nicolasito Solas) manifested their intention to buy it. The probate court in Special Proceedings No. 1672
    approved the offer of Solas and when the title of the lot was transferred to him, a writ of demolition was
    issued by the probate court in favor of the latter and against all adverse occupants of Lot 11 which are
    Sabidong and Saplagio’s family. A complaint was initiated against Solas in the Supreme Court alleging the
    prohibition for court personnel to buy properties in litigation.

    ISSUE:
    Whether Solas is prohibited to purchase the Lot 11 which is subject of probate.

    HELD:
    No, for the prohibition to apply, the sale or assignment of the property must take place during the pendency of
    the litigation involving the property. A thing is said to be in litigation not only if there is some contest or
    litigation over it in court, but also from the moment that it becomes subject to the judicial action of the judge.
    A property forming part of the estate under judicial settlement continues to be subject of litigation until the
    probate court issues an order declaring the estate proceedings closed and terminated. The rule is that as long
    as the order for the distribution of the estate has not been complied with, the probate proceedings cannot be
    deemed closed and terminated.

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