G.R. No. 217576 - PATRICK G. MADAYAG, VS. FEDERICO G. MADAYAG.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, reinstated the Judgment [5] dated January 6, 2012 of the Municipal Trial Court in Cities (MTCC) of Baguio City in MTCC Case No. 13478. The Facts Patrick G. Madayag (Patrick), Federico G. Madayag (Federico), Dionisio Madayag (Dionisio), Arthuro Madayag (Arthuro), Lourdes Madayag Dennison (Lourdes), and Carlos Madayag (Carlos) are all children of the spouses Anatalio Madayag (Anatalio) and Maria Consuelo Madayag (Maria Consuelo). [6] Anatalio was an employee of John Hay Air Base during his lifetime. As such, he was allowed to occupy a parcel of land in a housing facility for John Hay Air Base's employees located at Lot 24, Block 7, Scout Barrio Housing Project, Baguio City with an area of 493 square meters. Anatalio built a residential building thereon which served as the family home. Notably, said housing facility was under the jurisdiction of the Bases Conversion Development Authority (BCDA). [7] After their father and mother passed in 1979 and 1994, respectively, or on February 7, 1994, the siblings agreed to execute a Deed of Adjudication of Real Property and Quitclaim, whereby Federico, along with his brothers Dionisio, Arthuro, and Carlos waived and relinquished their interest in the property in favor of Patrick and their sister, Lourdes, who is an American citizen. [8] Sometime in 2002, BCDA issued a Certificate of Lot Award in favor of the "Heirs of Anatalio F. Madayag." This Certificate was, however, cancelled and corrected as attested to by Bobby Akia, an officer of the Land and Asset Development Division of the John Hay Management Corporation, by virtue of the said Deed. [9] Consequently, on March 20, 2006, a Certificate of Lot Award was issued by the BCDA solely in favor of Patrick, and his named co-owner in the Deed, Lourdes, being an American citizen. By virtue thereof, BCDA sold the parcel of land to Patrick per Deed of Absolute Sale dated March 4, 2009. Two days later, or on March 6, 2009, the subject parcel of land was registered under Patrick's name as evidenced by Transfer Certificate of Title (TCT) No. 98257. [10] On November 5, 2010, Patrick filed a Complaint for Forcible Entry and Damages against Federico, averring that after the subject property was adjudicated by the siblings to him and their sister, Lourdes, he took possession of the same and made improvements thereon, making it his residence whenever he goes to Baguio City from the United States of America (USA). He, however, learned later on that Federico entered and occupied the subject property without his permission. When he came back from the USA sometime in March 2010, he tried to settle the matter with his brother, but instead of apologizing, Federico threatened Patrick with bodily harm if he comes back to Baguio. [11] For his part, Federico averred in his Answer with Special and Affirmative Defenses that the subject property is an ancestral and family home put up by their parents; that upon the death of their parents, he and his siblings became co-owne