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ARMANDO V. ALANO [DECEASED], SUBSTITUTED BY ELENA ALANO-TORRES,* PETITIONER, VS. PLANTER'S DEVELOPMENT BANK, AS SUCCESSOR-IN-INTEREST OF MAUNLAD SAVINGS AND LOAN ASSOCIATION, INC.,*** RESPONDENT.

ARMANDO V. ALANO [DECEASED], SUBSTITUTED BY ELENA ALANO-TORRES,* PETITIONER, VS. PLANTER'S DEVELOPMENT BANK, AS SUCCESSOR-IN-INTEREST OF MAUNLAD SAVINGS AND LOAN ASSOCIATION, INC.,*** RESPONDENT.

G.R. No. 171628 | 2011-06-13

FIRST DIVISION
 
D E C I S I O N
 
DEL CASTILLO, J.:
 
"No one can give what he does not have" (Nemo dat quod non habet).

This Amended Petition for Review on Certiorari [1] under Rule 45 of the Rules of Court assails the June 9, 2005 Decision [2] and the February 21, 2006 Resolution [3] of the Court of Appeals (CA) in CA G.R. CV No. 58554.

Factual Antecedents

Petitioner Armando V. Alano and his brother, the late Agapito V. Alano, Jr., inherited from their father a parcel of land located at Gov. Forbes St., Sampaloc, Manila. [4]

On June 30, 1988, petitioner executed a Special Power of...