G.R. No. 203880 - VICTORIA ECHANES, VS. SPOUSES PATRICIO HAILAR AND ADORACION HAILAR.DECISION - Supreme Court E-Library

Ruling

Accordingly, an Original Certificate of Title No. P-43056 was issued in her name by the Register of Deeds of Ilocos Sur on October 15, 1996. [8] A portion of Lot No. 2291-A with an area of more or less 80 square meters is currently occupied by respondents. Since petitioner's children are in need of the area currently occupied by respondents, petitioner sent respondents a Notice to Vacate [9] dated March 12,2009. The demand letter was received by the respondents on March 13, 2009. Despite receipt of said demand letter, respondents refused to vacate the premises. [10] On April 14, 2009, petitioner filed a Complaint for Ejectment with Damages before the Municipal Circuit Trial Court ( MCTC ) of Sta. Cruz-Sta. Lucia, Ilocos Sur. [11] Petitioner averred in her complaint that during the lifetime of her parents, respondents asked her parents that they be allowed to build their nipa house on the subject lot. The request by respondents was allegedly made in the presence of the petitioner. The request was granted by petitioner's parents on the condition that respondents would voluntarily vacate the land when the petitioner's family would need the same. Thus, according to petitioner, respondents' continued possession and occupation of the subject lot is out of tolerance and permission granted to them by petitioner and her parents. [12] In their Answer, respondents countered that the late Domingo Joven (who died in 1967). [13] the father of respondent Adoracion Joven Hailar, purchased the subject lot from the late Eduardo Cuenta after World War II as evidenced by Tax Declaration No. 12141-C [14] in the name of Domingo Joven issued in 1959. From then on, respondent Adoracion Joven Hailar and her siblings occupied and exercised acts of dominion, and have been in possession of the land exclusively, publicly, continuously for more than 40 years as evidenced by tax declarations and realty tax payments made by them. They built their family house thereon, and later, a house made of concrete materials was built valued at not less than P50,000.00. [15] On April 19, 2010, the MCTC of Sta. Cruz - Sta. Lucia, Ilocos Sur, rendered a Decision, the decretal portion [16] of which states: WHEREFORE, premises considered, the instant Complaint is hereby DISMISSED without prejudice on the part of the plaintiff in filing an accion publiciana or accion reivincicatoria , before the proper court. There being no proof of evident bad faith against the plaintiff in filing the instant case, no award of fees or damages may be granted. SO ORDERED.