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NOCEDA V. CA 313 SCRA 504
NOCEDA V. CA
313 SCRA 504
Directo together with her nephew and another, extrajudicially partitioned the land donated to them. On the same date, she donated in favor of Noceda a part of her land. On her share of the land, she fenced it and constructed three huts therein. On a later date, Noceda removed the fence, entered the premises and used the three lots. Despite demands for him to vacate, he refused to do so, prompting Directo to file a case against him and revoke the donation made by her.
The acts of Noceda are acts of usurpation which is an offense against the property of Directo and considered an act of ingratitude of a donee against a donor. The law doesn’t require conviction of the donee, it is enough that his offense is proved in the action for revocation.