G.R. NO. 133882 - ANGELA DELA ROSA AND CORAZON MEDINA, PRESENT: VS. ORFELINA D. ROLDAN, LORNA SAN DIEGO, FLORDELIZA D. CATACUTAN, NORMA Y. LACUESTA, AND ARSENIO DULAY.

Ruling

WHEREFORE, premises considered, plaintiffs most respectfully pray that, after trial, judgment be rendered by this Honorable Court in favor of plaintiffs and ordering as follows: Defendants and all persons claiming rights under them to immediately vacate the premises; Defendants to pay all rental arrears at the monthly rate of P50.00 from September 1957 until possession is restored or a total of P23,000.00; Defendants to pay litigation expenses in the amount of P50,000.00; and Defendants to pay the costs of this suit. Plaintiffs pray for such other and further reliefs just and equitable under the premises. [17] The case was docketed as Civil Case No. 6089 . In their answer, defendants reiterated their allegations in their answer to the complaint in Civil Case No. 6261 in the CFI of Tarlac. On April 30, 1996, Angela filed a complaint against Arsenio and his children in the MTC of Tarlac, Tarlac for recovery of ownership, reconveyance, cancellation of title, and damages. The case was docketed as Civil Case No. 6154. Angela, as plaintiff, reiterated her allegations in her answer and counterclaim in Civil Case No. 6261 as allegations comprising her causes of action. She prayed that, after due proceedings, judgment be rendered in their favor, thus: WHEREFORE, it is most respectfully prayed of this Hon. Court that judgment shall issue: Ordering that an immediate temporary restraining order restraining the defendants from disturbing the possession of the Plaintiff over the property in question until the case is finally dissolved; Declaring the Plaintiff as owner of the one-half (1/2) property in question, thereby reconveying the ownership thereof and cancelling the title; Ordering the defendants, jointly and severally, to pay Plaintiff the amount of P30,000.00 as attorney's fee, plus P1,000.00 per hearing; Ordering the defendants, jointly and severally, to pay Plaintiff the amount of P10,000.00 as acceptance fee, plus P20,000.00 as litigation expenses; Ordering the defendants, jointly and severally, to pay Plaintiff the amount of P20,000.00 as exemplary damages; Ordering the defendants, jointly and severally, to pay Plaintiff the amount of P10,000.00 as moral damages; And granting such other reliefs and remedies just and equitable in the premises. [18] On July 17, 1996, the MTC issued a pre-trial order in Civil Case No. 6089 defining the issue, thus: Whether or not Unlawful Detainer is proper in the premises considering the claim of ownership by defendants from the beginning of these litigations sometime in 1982 followed by this case at bench. Otherwise stated, is the occupation of the land in dispute by the defendants by tolerance of plaintiffs. [19] On September 25, 1996, the MTC rendered judgment in Civil Case No. 6089 in favor of Corazon and Angela and ordered the dismissal of the complaint on the ground of lack of jurisdiction. [20] The court held that the issue between the parties was one of ownership and not merely possession de facto . Thus, the