G.R. No. 142503 - ROMUALDO C. PEREZ, VS. APOLONIO CRUZ.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Cruz demanded that Perez remove his house from the land and vacate the same. When petitioner failed to heed the demand, respondent filed a complaint for unlawful detainer against him. [7] Perez denied Cruz's ownership of the property. He claimed to be owner of the lot in question, having inherited the same from his grandmother. He asserted that he had been in continuous possession for many years. To support his claim, Perez presented Tax Declaration No. 26682 and official receipts of tax payments. Perez submitted that the MTC had no jurisdiction over Civil Case No. 979, as the issue involved was one of ownership, not mere possession, of the land. On February 12, 1992, the MTC dismissed Civil Case No. 979 on the ground of want of jurisdiction, holding that the main issue is one of ownership, not mere possession de facto . [8] Cruz appealed said decision to the RTC of Malolos, Bulacan, Branch 13, as Civil Case No. 206-M-92. Meanwhile, on March 31, 1992, the Regional Executive Director of the DENR, Region III, disapproved the survey of Lot No. 5075 [9] , Cad. 304-D, submitted by Perez, thereby sustaining Cruz's opposition. Cruz was then directed to file the appropriate public land application for the land subject of the controversy. [10] On June 29, 1992, the RTC of Malolos, Branch 13, rendered its decision in Civil Case No. 206-M-92, reversing the MTC ruling, and ordering the remand of the records of Civil Case No. 979, for trial on the merits. [11] On remand, the MTC decided Civil Case No. 979 as follows: IN VIEW OF THE FOREGOING, this Court finds for the plaintiff and against the defendant ordering the latter to: remove his house and vacate the plaintiff's lot and deliver the possession thereof to the plaintiff; pay plaintiff the amount of P100.00 a month as rental reckoned from the date of the filing of the complaint until the complete possession thereof is delivered to the plaintiff; pay plaintiff the amount of P3,000.00 as attorney's fees; and pay the costs of suit. SO ORDERED.