As a result, Victoria filed the subject complaint before the MTC for unlawful detainer with prayer for the issuance of a temporary restraining order/preliminary injunction and damages. But despite these demands, respondents remained in their respective portions. As Victoria and her co-owners now need the property, she demanded that they vacate the premises through letters sent to each of the respondents in April and July 2014. 7ĭuring her inspection of the property in February 2014, she discovered that respondents occupied the same in the following proportions: Isabel Mendoza Manalo and Celso Mendoza with a total of 1,350 square meters, Josephine Gonzales with a total of 350 square meters, and Isagani Blanco with a total of 1,000 square meters. She added that respondents built structures for residential and commercial purposes without permission from her family's predecessors. According to Victoria, her family tolerated the respondents' use and possession thereof with the understanding that in the event that they would need the same, the occupants would vacate peacefully.
As such, informal settlers, including the respondents Isabel Mendoza Manalo, Celco Mendoza, Josephine Gonzales, Isagani Blanco, also occupied the premises. Throughout the years, Pinamalayan became urbanized making the subject property ideal for residential and commercial purposes. Victoria maintained that, for years her family allowed and tolerated political supporters from Marinduque to occupy and cultivate portions of the property.
Thereafter, in 1999, Victoria and her co-heirs extrajudicially adjudicated the subject property. Victoria narrated that her grandmother, Asuncion, died in 1939, her grandfather, Damian, died in 1979, and her father, Rufino, died in 1982. Agustine Church and the Immaculate Heart of Mary Academy. The property was once a part of a coconut plantation straddling Barangays Zone I, II, and Marfrancisco and used to include the present site of the St. In the complaint, she alleged that her grandparents owned and possessed the subject property and that during their lifetime, they hired farmworkers and administrators to make the same productive.
Reyes, filed a Complaint 5 for unlawful detainer as a co-owner of the subject property, granddaughter of the deceased spouses Asuncion and Damian, and daughter of the spouses' son, Rufino Reyes. On September 2, 2014, petitioner, Maria Victoria A. J-7757 (T-1120), in the name of the spouses Asuncion Mercader and Damian Reyes, and situated in Pinamalayan, Province of Oriental Mindoro.
#Victoria mendoza trial
145429, which set aside the JDecision 3 of the Regional Trial Court ( RTC) of Pinamalayan, Oriental Mindoro, Branch 41, which, in turn, affirmed the NovemDecision 4 of the Municipal Trial Court ( MTC) of Pinamalayan, Oriental Mindoro, that granted the complaint for unlawful detainer filed by petitioner against respondents.Īt the heart of the present dispute is a parcel of land with an area of 19,735 square meters, more or less, covered by Transfer Certificate of Title ( TCT) No.
Before the Court is a petition for review on certiorari under Rule 45 of the Rules of Court seeking to nullify and set aside the Decision 1 dated Februand the Resolution 2 dated Januof the Court of Appeals ( CA) in CA-G.R.
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