G.R. No. 143976 - SPOUSES OSCAR AND HAYDEE BADILLO, VS. HON. ARTURO G. TAYAG AS PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 79, MALOLOS, BULACAN; AND THE NATIONAL HOUSING AUTHORITY.[G.R. NO. 145846]

Ruling

WHEREFORE, the [O]rder of the [t]riaI [c]ourt dated May 23, 2000 is hereby annulled. The [W]rit of [E]xecution issued by the clerk of court of the Municipal Trial Court of San Jose del Monte Bulacan is also annulled. Prohibiting the [t]rial [c]ourt from enforcing the [W]rit; and commanding the Municipal Trial Court to transmit the records of the case to the Regional Trial Court of Bulacan together with the Money Order of [t]wo hundred [p]esos Annex I and I-2 as appellate docket fee and the alleged Supersedeas Bond per [Annex] A, A-1, A-2 to A-3 of the OPPOSITION TO MOTION TO CLARIFY (with manifestation) filed by Petitioner NHA received by this [C]ourt on July 17, 2000 although dated July 14, 2000. [4] The second ruling being contested is the October 23, 2000 Decision [5] of Branch 11 in Civil Case No. 512-M-2000, which modified the February 1, 2000 Decision [6] of the MTC of San Jose del Monte, Bulacan. The challenged RTC Decision disposed as follows: WHEREFORE, the appealed decision is hereby AFFIRMED insofar as defendants are ordered to vacate plaintiffs property and return the possession thereof to the latter and to pay plaintiffs, jointly and severally P20,000.00 for attorneys fees and P20,000.00 for litigation expenses and to pay the costs are concerned. [7] Since the parties were the same and the issues related, the two Petitions were consolidated by this Court in its Resolution of October 17, 2001. [8] The Facts Petitioners are plaintiffs in a forcible entry/ejectment case docketed as Civil Case No. 263-94 in the MTC of San Jose del Monte, Bulacan, entitled Spouses Oscar and Haydee Badillo v. Triad Construction and Development Corporation and National Housing Authority . In its February 1, 2000 Decision, [9] the MTC ordered the NHA to vacate the disputed land; to return possession thereof to petitioners; to pay rental for its use and occupation at the rate of P 10 per square meter per month; and to shoulder the attorneys fees, the litigation expenses and the costs of suit. The disputed parcel of land was part of the Bagong Silang Resettlement Project (BSRP) of the NHA. The NHA contended that the property was part of the Tala Estate and was among the 598 hectares reserved by the government for its housing resettlement site, pursuant to Presidential Proclamation No. 843 issued by then President Ferdinand E. Marcos on April 26, 1971. In June 1994, the NHA offered for bidding the development of certain portions of the BSRP. It eventually contracted with the Triad Construction and Development Corporation (Triad) for the development of parts of the site. These were then developed and subdivided into smaller lots that were allocated, awarded and distributed by the NHA to qualified beneficiaries. On the other hand, petitioners claimed that they were the owners and exclusive possessors of a portion of the land that had been awarded by the NHA to Triad. They argued that the NHA intruded on, occupied and developed their prope