Back to Search
JurisprudenceG.R. No. 146501 -

FLORDELIZA RIVERA, VS. GREGORIA SANTIAGO, FELICITAS SANTIAGO-NICOLAS, CORAZON SANTIAGO-NICOLAS, RUBEN SANTIAGO, REMEDIOS SANTIAGO, PRISCILLA SANTIAGO-CASTANEDA, AS LEGAL HEIRS OF THE LATE JOVITO SANTIAGO, REPRESENTED BY THEIR ATTORNEY-IN-FACT PANFILO SANTIAGO; AND PANFILO SANTIAGO, ALSO ONE OF THE L

Cited Laws

RA 230,RA 247,RA 89,RA 75,RA 579,RA 72,RA 503,RA 545,RA 559,RA 113,RA 6657,RA 107,RA 489,RA 180,189,RA 6657
Share:

TL;DR — Ruling

WHEREFORE, premises considered, the instant petition is hereby GRANTED. The decision of the Regional Trial Court, Branch 84, Malolos, Bulacan dated May 27, 1997 affirming the decision of the Municipal Trial Court of Bocaue, Bulacan dated May 7, 1996 is hereby SET ASIDE and a new one is rendered DISMISSING the case for lack of jurisdiction." [5] The assailed Resolution denied petitioner's Motion for Reconsideration.

Decision

Ruling

WHEREFORE, premises considered, the instant petition is hereby GRANTED. The decision of the Regional Trial Court, Branch 84, Malolos, Bulacan dated May 27, 1997 affirming the decision of the Municipal Trial Court of Bocaue, Bulacan dated May 7, 1996 is hereby SET ASIDE and a new one is rendered DISMISSING the case for lack of jurisdiction." [5] The assailed Resolution denied petitioner's Motion for Reconsideration. The Facts The facts of the case are summarized by the CA in this wise: "The late Pacifico Santiago, father of Jovito Santiago and Raymundo Santiago, originally owned the five (5) parcels of land subject of the instant case. Raymundo Santiago, who later became the owner, mortgaged the subject lots with the Development Bank of the Philippines (DBP), and for failure to pay his loans, the same were foreclosed. "Alejandrina Tuzon purchased the properties from DBP. After the purchase, Tuzon filed an action for injunction against the defendants ([respondents] herein), to prevent them from tilling and working on the landholding. The case was docketed as Civil Case No. 289-M-88 and assigned to Branch 7, RTC, Malolos, Bulacan. A writ of preliminary injunction was issued on May 28, 1990, and [respondents] were forced to stop working on the land. "Later on, Tuzon sold the said parcels of land to Flordeliza Rivera, herein [petitioner]. "On August 9, 1995, Flordeliza Rivera also filed a complaint for ejectment with the Municipal Trial Court (MTC) of Bocaue, Bulacan, naming Jovito Santiago, Benedicto Alquiroz, Emilio Umali, Felix Santiago, Spouses Ariel and Lydia Listangco, Toto Nicolas, Jorge Albacino and Alberto Santiago as defendants. The case was docketed as Civil Case No. 95-2449. [Petitioner] Rivera averred in her complaint that Jovito Santiago and Benedicto Alquiroz, together with their [co-respondents], have, for the past seven (7) years, been in unlawful possession and occupation of the parcels of land subject matter of the case upon her (Rivera's) tolerance and refused to vacate the same despite repeated demands. "On August 31, 1995, the [respondents] filed their Answer with Counterclaim, alleging that they are the actual tillers/tenants of subject parcels of land and questioned the jurisdiction of the Municipal Trial Court to hear and decide the case. "On May 7, 1996, the MTC rendered a decision in favor of herein [petitioner] Rivera, ordering `[respondents] and all persons claiming rights or authority from it to vacate the property in question and immediately surrender possession of the same to [petitioner] .' "Jovito Santiago and Benedicto Alquiroz appealed the decision of the MTC to the Regional Trial Court (RTC) of Bulacan. The other [respondents] did not appeal. "On May 27, 1997, the RTC Branch 84, rendered a decision, affirming in toto the decision of the MTC. "A Motion for Reconsideration of the RTC decision was seasonably filed by Jovito Santiago and Benedicto Alquiroz. Subsequent thereto, Santiago and Alquiroz filed a Motion to Di