148886936 Position Paper

8/13/2019 148886936 Position Paper

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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

PROVINCE OF TARLAC

THIRD JUDICIAL REGION

Andrea Mae V. Manuzon,

Represented by her

Attorney-in-fact,

Mar!e" Ca"!zo

CIVIL CASE NO. 12!"

#or FORCIBLE ENTR# and

DAMAGES $!% Pre"!&!nar'Manda%or' In(un)%!on or

Te&*orar' Re+%ra!n!n Order

Plaintiff

-$ers%s-

A"%ea A)e-e+, r!+%e""a A)oao"! and a"" o%er *er+on+

C"a!&!n r!%+ under %e&,

Defendants

&--------------------------------------------------------&

'I() ALL *+E RESEC( (O ()E )ONORALE CO+R(.

COMES NO/ the PLAINTIFF, by and thro%h the %ndersined co%nse/, %nto her )onorab/e

Co%rt, in s%pport for the iss%ance of the office of a /RIT OF PRELIMINAR#

MANDATOR# INJUNCTION 0ost respectf%//y states that

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Civil Case No. 12345

Manuzon vs. Acebes et, al.

POSITION PAPER

(FOR PRELIMINARY MANDATORYINJUNCTION)

8/13/2019 148886936 Position Paper


PREFATOR# STATEMENT

(he on/y iss%e in entry cases is the physica/ or 0ateria/ possession of rea/ property 3 possession

de facto, not possession de 4%re. On/y prior physica/ possession, not tit/e, is the iss%e. If

o5nership is raised in the p/eadins, the co%rt 0ay pass %pon s%ch 6%estion, b%t on/y to

deter0ine the 6%estion of possession.

Te o$ner+!* )"a!& o0 de0endan%+ u*on %e "and !+ -a+ed on %e e1!den)e %e' *re+en%ed.

Te!r e1!den)e, o$e1er, d!d no% +2uare"' addre++ %e !++ue o0 *r!or *o++e++!on. E1en !0

%e' +u))eed !n *ro1!n %a% %e' are %e o$ner+ o0 %e "and, %e 0a)% re&a!n+ %a% %e'

a1e no% a""eed or *ro1ed %a% %e' a1e no% a""eed or *ro1ed %a% %e' *'+!)a""' *o++e++

!% -' 1!r%ue o0 +u) o$ner+!*. On %e o%er and, *"a!n%!00 *r!or *o++e++!on o0 %e "and $a+

no% d!+*u%ed -' %e CA, $!) &ere"' de+)r!-ed !+ a+ u+ur*a%!on.

PRELIMINAR# STATEMENT OF FACTS AND NATURE OF THE CASE

(his is an action for E7EC8EN( 9#orcib/e Entry: 5ith an %rent prayer for the iss%ance

of 'rit of pre/i0inary 0andatory in4%nction iss%e to restore p/aintiff in possession of the Lot

;21!.

(his is an anchored on the act of defendants in enterin the property o5ned and in

possession of p/aintiff 5itho%t the /atter<s consent, 5ith force, threat, and inti0idation %pon the

person of p/aintiff<s Attorney-in-fact and the /atter<s co0panions, and despite the fact that

defendants are f%//y a5are that the s%b4ect /ot is o5ned and possessed by p/aintiff Andrea 8ae

V. 8an%=on as e$idenced by (a& *ec/aration No. ;;>;?@.

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THE PARTIES AND THEIR RESPECTIVE ADDRESSES

1. /aintiff is represented by her Atty-in-fact, p%rs%ant to a specia/ po5er of Attorney

e&ec%ted and acno5/ede before Notary %b/ic, and she is of /ea/ ae, sin/e, #i/ipino

citi=en and a resident of (ar/ac, b%t for p%rposes of this s%it, notices, orders, and

processes of the )onorab/e Co%rt be f%rnished the %ndersined co%nse/ in the office

address indicated be/o5 his na0e

2. *efendants and a// the other defendants are a// of /ea/ aes, 0arried, #i/ipinos, and 5ith

residence of (ar/ac, 5here they 0ay be ser$ed 5ith s%00ons and other co%rt processesB

FACTS OF THE CASE

. /aintiff is the co-o5ner of Lot ;21!, 5ith an area of 1!,;;; s6%are 0eters, sit%ated in

Iba San 7ose, (ar/ac City, hi/ippines, co$ered by (a& *ec/aration No. ;;>;?@.

!. On Apri/ 2, 1>>@, p/aintiff passed by said Lot ;21! on his 5ay to San 7ose %b/ic

8aret and he noticed persons 5ho forcib/y entered said Lot 1;?@@ by destroyin the

fence and started erectin a str%ct%re thereon.

". 'hen p/aintiff ot near, defendants and their 5orers threatened hi0 5ith har0 sho%/d

he interfere 5ith their 5or.

. /aintiff re6%ested defendants and their 5orers to stop the constr%ction of a str%ct%re

inside the said Lot, b%t defendants and their 5orers ref%sed to stop their constr%ction.

(hen /aintiff reported the 0atter to the Do$ern0ent A%thorities of San 7ose, (ar/ac City

and re6%ested assistance in stoppin said constr%ction %ndertaen by defendants inside

the said Lot of /aintiff.

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@. (hat the 8%nicipa/ Enineer toether 5ith so0e po/ice0en of San 7ose, (ar/ac City,

5ent to the p/ace 5here the Lot is sit%ated and they stopped the constr%ction %ndertaen

by defendants.

?. )o5e$er, on the s%cceedin days, defendants contin%ed 5ith constr%ction of the str%ct%re

inside p/aintiff<s Lot, despite p/aintiff<s $ehe0ent protest and

>. (hat constr%ction %ndertaen by defendants inside p/aintiff<s Lot is 5itho%t the

no5/ede and consent of neither p/aintiff nor his co-o5ners.

1;. /aintiff bro%ht the 0atter before the aranay A%thorities for conci/iation, b%t no

sett/e0ent 5as arri$ed at the aranay A%thorities, and

11. (hat p/aintiff has been co0pe//ed by defendants to /itiate to enforce his rihts and to

enae the ser$ices of co%nse/ for the s%0 of 2;,;;;.

12. (hat the reasonab/e co0pensation for the %se and occ%pation by defendants of p/aintiff<s

said Lot ;21! is 1",;;; per 0onth.

ALLEGATIONS FOR THE ISSUANCE OF THE /RIT OF PRELIMINAR#

MANDATOR# INJUNCTION

1. (hat /aintiff hereby reprod%ced a// the a//eations of the precedin pararaphs insofar as

they are 0ateria/ to iss%ance of the 5rit of pre/i0inary 0andatory in4%nction.

1!. (hat %nder the pro$isions of Artic/e "> of the Ci$i/ Code of the hi/ippines and Section

, R%/e @;, Re$ised R%/es of Co%rt, p/aintiff sho%/d be restored to the possession of said

Lot ;21!.

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1". (hat p/aintiff is ready, ab/e and 5i//in to post a bond to be fi&ed by this )onorab/e Co%rt

to ans5er for any and a// da0aes in the e$ent that the )onorab/e Co%rt fina//y ad4%de

that p/aintiff is entit/ed thereto

FACTS IN SUPPORT OF THE ISSUNACE OF A /RIT OF PRELIMINAR#

MANDATOR# INJUNCTION

1. (hat beca%se of the destroyin of the fence and started erectin a str%ct%re thereon

co00itted by the abo$e na0ed defendants, p/aintiff and her aents are no5 bein

contin%o%s/y depri$ed and en4oined of the %se and en4oy0ent of the pre0ises, and their

contin%ed depri$ation has ca%sed p/aintiff to be dispossessed of the pre0ises and their

p/ans to f%rther i0pro$e the sa0e has been de/ayed and denied by the har0 bein

physica//y and act%a//y co00itted by the abo$e na0ed defendants, s%ch that e$en the co-

heirs of p/aintiff Andrea 8ae V. 8an%=on are /ie5ise denied access theretoB

1@. (hat the area bein i//ea//y occ%pied by defendants ca%sin the dispossession of p/aintiff

and her aents, is a0on others, 5ithin the fo//o5in /ot, to 5it

Lot ;21! 5ith an area of 0ore or /ess 1!,;;; s6%are 0eters

Co$ered by (a& *ec/aration No. ;;>;?@

1?. (hat Lot 1;?@@ 5hich is co$ered by (a& *ec/aration No. ;;>;?@ of the Reistry of

*eeds of the ro$ince of (ar/ac in the na0e of Andrea 8ae V. 8an%=on, 5here a road

has been introd%ced by p/aintiff has been destroyed the b/oced by defendants in the

%pper and /o5er portion 5ith a fence, 5hi/e the rest, as abo$e-0entioned is bein

i//ea//y occ%pied by defendants.

1>. (hat the act of defendants in destroyin the fence to enter the said /ot has depri$ed

p/aintiff and her aents b/oc to and fro0 the property of p/aintiffB

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2;. (hat the acts res%/tin to the dispossession of p/aintiff o$er the s%b4ect /ot is contin%in,

and if defendants are not stopped fro0 f%rther introd%cin i0pro$e0ents thereto or if not

restrained fro0 contin%o%s/y occ%pyin the pre0ises, p/aintiff 5i// /ater be co0p/ete/y

dispossessed of the pre0ises.

ISSUES

/HETHER OR NOT PLAINTIFF IS ENTITLED TO RECOVER POSSESSION

THE SUBJECT PROPERT#

/HETHER OR NOT THE COMPLAINT FILED B# PLAINTIFF TO

DEFENDANTS MA# BE DISMISSED FOR LAC OF CAUSE OF ACTION AND

JURISDICTION

/HETHER OR NOT THE MTC HAS A JURISDICTION OVER THE CASE

DISCUSSIONS

1. On the first iss%e

THERE PLAINTIFF IS ENTITLED TO RECOVER POSSESSION OF THE

SUBJECT PROPERT#

(he app/ication for te0porary restrainin order andor sho%/d be ranted as there is an

irreparab/e in4%ry to be s%stained by p/aintiff. (his is an action for forcib/e entry. /aintiff

is bein disp/aced by defendants 5itho%t defendants a5aitin the fina/ disposition of the

0ain action for forcib/e entry.

(he Supreme Court consistent/y stressed in a /on /ine of cases, th%s

(he $ery fo%ndation of the 4%risdiction to iss%e 5rit of in4%nction rests in the

e&istence of a ca%se of action and in the probabi/ity of irreparab/e in4%ry, in ade6%acy of

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pec%niary co0pensation and the pre$ention of the 0%/tip/icity of s%its. 'here facts are

not sho5n to brin the case 5ithin these conditions, the re/ief of in4%nction sho%/d be

ref%sed.

#or the co%rt to iss%e a 5rit of pre/i0inary in4%nction, the petitioner 5as b%rdened

to estab/ish the fo//o5in 91: a riht in esse or a c/ear and %n0istaab/e riht to be

protectedB 92: a $io/ation of that rihtB 9: that there is an %rent and per0anent act and

%rent necessity for the 5rit to pre$ent serio%s da0ae. (h%s, in the absence of a c/ear

/ea/ riht, the iss%ance of the in4%ncti$e 5rit constit%tes a ra$e ab%se of discretion.

'here the p/aintiff<s riht is a do%btf%/ or disp%ted, in4%nction is not proper. In4%nction is

a preser$ati$e re0edy ai0ed at protectin s%bstantia/ rihts and interests. It is not

desined to protect continent or f%t%re rihts. (he possibi/ity of irreparab/e da0ae

5itho%t proof of ade6%ate e&istin rihts is not a ro%nd for in4%nction.F

In the case at bar, /aintiff Andrea 8ae V. 8an%=on, is c/ear/y in possession of the

pre0ises. She had i0pro$e0ents pre$ai/in thereto, inc/%din str%ct%res and fences, she

has a riht to be protected and respected and that in$o/$es its %se and en4oy0ent of the

pre0ises and its fr%its. )er possession is pres%0ed to be in ood faith and s%ch

possession has to be respected %n/ess fina//y pro$en other5ise in the Co%rts of La5.

2. On the second iss%e

THE PLAINTIFF HAS A VALID RIGHT OVER THE SUBJECT PROPERT#

(he co0p/aint aainst the defendants cannot be set aside and dis0issed. eca%se the /ot

s%b4ect 0atter of the abo$e-entit/ed case is in no do%bt co$ered by transfer certificates of

tit/e in the na0e of p/aintiff 5ith the reistry of deeds of the ro$ince of (ar/ac. (he said

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/ot is $erified and $a/idated to be consistent 5ith the (it/e by the (a& *ec/aration No.

;;>;?@. /aintiff has been in possession of the s%b4ect property.

*efendants, in their ans5er contended that p/aintiff is not a co-o5ner of the s%b4ect

property, that it bein o5ned by the o$ern0ent, as said property is a p%b/ic /and.

*efendants a/so ar%ed that it is the *epart0ent of Ararian Refor0 property, bein an

aric%/t%ra/ /and, is 5ithin the ad0inistration and disposition of the *epart0ent of

Ararian Refor0 5hich 5i// a5ard it to 6%a/ified beneficiaries s%ch as defendants.

(he /ot in 6%estion is no5 %nder e&ca$ation, destr%ction, and occ%pation by the

defendants. (he riht of p/aintiff has been $io/ated. She is no5 bein %nreasonab/y

denied of its en4oy0ent and possession, a riht that is protected by /a5, it sho%/d be noted

that it is a estab/ished 4%rispr%dence in e4ect0ent cases that the /ea/ riht thereto is not

essentia/ to the possessor<s ca%se of action for no one 0ay tae the /a5 into his hands and

forcib/y e4ect another or depri$e her of her possession by stea/th e$en if her tit/e thereto

or act%a//y disp%ted in another case.F

In Lopez vs. Hon. Santiago 9L-!1??>, Apri/ 2", 1>;: it 5as said that %b/ic interest,

p%b/ic po/icy and p%b/ic order de0and that the party in peacef%/ possession of the /and,

reard/ess of 5hether it is pri$ate or is part of the p%b/ic do0ain, be not o%sted therefro0

by 0eans of force, $io/ence, or inti0idation, reard/ess of the 6%a/ity of his a//eed riht

to the possession thereof, and that 5hoe$er c/ai0s to ha$e a better tit/e or riht thereto

sho%/d see fro0 the proper a%thorities the /ea/ re0edies estab/ished therefore instead of

tain the /a5 into their handsB

*efendants, e$en ass%0in that they are the o5ners, co%/d not si0p/y tae possession of

the property by p%ttin the /a5 into their hands. (hey ha$e to o to co%rt and %ti/i=e the

co%rts of /a5 in enforcin their rihts, if they ha$e any.

(he Supreme Court said in a re/ated case, th%s

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'e stress that the iss%e of o5nership in e4ect0ent cases is to be reso/$ed on/y 5hen it is

inti0ate/y intert5ined 5ith the iss%e of possession, to s%ch an e&tent that the 6%estion of

5ho had prior possession cannot be deter0ined 5itho%t r%/in on the 6%estion of 5ho the

o5ner of the /and is. No s%ch intert5ine0ent has been sho5n in the case before %s. Since

defendant<s c/ai0 of o5nership is not bein 0ade in order to pro$e prior possession, the

e4ect0ent co%rt cannot intr%de or d5e// %pon the iss%e of o5nership.

Drantin that p/aintiff i//ea//y entered into and occ%pied the property in 6%estion,

defendants had no riht to tae the /a5 into their o5n hands and s%00ari/y of forcib/y

e4ect the occ%pants therefro0.

Verify, e$en if p/aintiff 5ere 0ere %s%rpers of the /and o5ned by p%b/ic do0ain, sti//

they are entit/ed to re0ain on it %nti/ they care /a5f%//y e4ected therefro0. +nder

appropriate circ%0stances, defendants 0ay fi/e, other than an e4ect0ent s%it, an accion

p%b/icianaGa p/enary action intended to reco$er the better riht to possessB or an accion

rei$indicatoriaGan action to reco$er o5nership of rea/ property.

(he thin to be pro$en in an action for forcib/e entry is prior 0ateria/ possession, and that

the sa0e 5as /ost thro%h force, inti0idation, threat, stratey or stea/th, so that it

behoo$es the co%rt to restore possession reard/ess of tit/e or o5nership. (he S%pre0e

Co%rt said in the case of Dizon vs. Concina, et al ., 9; SCRA ?>@:, that 5here a person

s%pposes hi0se/f to be the o5ner of a piece of /and and desires to $indicate his

o5nership aainst the person act%a//y in possession it is inc%0bent %pon hi0 to instit%te

an action to this end in a co%rt of co0petent 4%risdictionB and he cannot be per0itted, by

in$adin the property and e&c/%din the act%a/ possessor to p/ace %pon the /atter the

b%rden of instit%tin to try the property riht.F

(his is e&act/y 5hat happened in the caseB defendants in$aded the property and e&c/%ded

the p/aintiff 5ho is in act%a/ possession of the s%b4ect /ot. (he in$asion is not 0ere/y

e0inent b%t 5as act%a/ 5ith the iss%e of force and inti0idation. (he destroyin of the

fence and startin to erect a str%ct%re thereon by defendants are a// recent.

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. On the third Iss%e

THE MUNICIPAL TRIAL COURT HAS A JURISDICTION OVER EJECTMENT

CASES. (he 8%nicipa/ (ria/ Co%rt can r%/e on forcib/e entry cases, this )onorab/e Co%rt is

s%b4ect to ans5er for any and a// da0aes of the p/aintiff and that the )onorab/e Co%rt is to

r%/e o$er this case of forcib/e entry and that p/aintiff is entit/ed thereto. (he 8%nicipa/ (ria/

Co%rt therefore has a 4%risdiction to re%/ate o$er the said e4ect0ent case.

P R A # E R

/HEREFORE, it is respectf%//y prayed that after the fi/in of the case and %pon postin

of the bond to be fi&ed by this )onorab/e Co%rt, a 5rit of pre/i0inary 0andatory

in4%nction iss%e to restore p/aintiff in possession of said Lot ;21! and be i00ediate/y

iss%ed prohibitin the abo$e-na0ed defendants fro0 intr%din into the pre0ises and

f%rther order defendants to discontin%e the constr%ction o$er the said pre0ises of the

p/aintiff.

Other re/iefs 4%st and e6%itab/e %nder the pre0ises are /ie5ise prayed for.

ro$ince of (ar/ac, for Iba San 7ose, hi/ippines, 1! th of Septe0ber, 2;11.

MAE ANN #U3ON BADUA

Co%nse/ for /aintiff

(R No. 12!"@,-;-1-11, (ar/ac

I No. ;21!12, ;-1-11, (ar/ac

8CLE CO8LIANCE NO. 111-;;;;!;@B 8ay 1;, 2;;?

A*+A AN* AR(NERS LA' O##ICES

Roo0 1!, R* #/oor, Lope= %i/din,

San 7ose/, (ar/ac City

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Te C"er4 o0 Cour%

Mun!)!*a" Tr!a" Cour% o0 Tar"a) C!%'

T!rd Jud!)!a" Re!on

Tar"a), Tar"a) C!%'

DreetinsH

/ease s%b0it the abo$e-0entioned osition aper for the consideration of this )onorab/e Co%rt

i00ediate/y %pon receipt thereof.

Copy f%rnished by reistered 0ai/

A/thea Acebes et, a/.

San 7ose, (ar/ac

A%%'. Mae Ann #. Badua

E5PLANATION

A copy of this p/eadin has been f%rnished to defendants by 5ay of reistered 0ai/ d%e to

distance and for /ac of office personne/ to effect persona/ ser$ice.

A%%'. Mae Ann #. Badua

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