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JurisprudenceG.R. No. 170693 -

G.R. No. 170693 - EMILIA MICKING VDA. DE CORONEL AND BENJAMIN CORONEL, VS. MIGUEL TANJANGCO, JR..D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 109RA 439RA 3844,RA 97,RA 425,RA 6657,RA 105RA 723,RA 3844
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TL;DR — Ruling

WHEREFORE, premises considered, judgment is hereby rendered in favor of the plaintiff and against the defendants and order is hereby issued: 1. ORDERING the defendants to vacate peacefully the subject property; 2. ORDERING the defendants to restore possession of the subject property to the herein plaintiff; 3. ORDERING the defendants and all other persons acting in their behalves not to molest, interfere [with] or harass the herein plaintiff; 4.

Decision

Ruling

accordingly, it declared exempt from Operation Land Transfer the lots subject of the petition and directed that existing tenants in the covered area be maintained in their peaceful possession as agricultural lessees. [12] That ruling in MARCO Adm. Case No. III-1474-86 was central to the provincial adjudicator's resolution of the present case. In its April 1, 1998 Decision, [13] the provincial adjudicator noted that the matter of cancelling petitioners' CLT covering Lot No. 38 was already water under the bridge in view of the MAR's directive to cancel it along with all the other existing CLTs. As to whether petitioners could be ejected not only from Lot No. 38 but also from Lot Nos. 37 and 39, the provincial adjudicator ruled in the affirmative. Citing the 1980 Kasunduan, in relation to Sections 36 and 27 of Republic Act (R.A.) No. 3844 , it was found that petitioners' relinquishment of rights, coupled with the conversion of the lots into fishing ponds, as well as the voluntary surrender of possession to Jess Santos, had validly terminated existing tenurial rights. [14] The dispositive portion of the decision reads: WHEREFORE, premises considered, judgment is hereby rendered in favor of the plaintiff and against the defendants and order is hereby issued: 1. ORDERING the defendants to vacate peacefully the subject property; 2. ORDERING the defendants to restore possession of the subject property to the herein plaintiff; 3. ORDERING the defendants and all other persons acting in their behalves not to molest, interfere [with] or harass the herein plaintiff; 4. No pronouncement as to costs. SO ORDERED.