castillo v dela cruz
TRANSCRIPT
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Republic of the Philippines
MUNICIPAL TRIAL COURT OF NORZARAGAY
Province of Bulacan
SPS. ALBERTO DELA CRUZ
& FELOMINA DELA CRUZ,
Defendant-Petitioners,
-versus- CIVIL CASE NO. 996For: Unlawful Detainer
HEIRS OF INOCENCIO CASTILLO
Represented by Alicia Castillo
& Rogelio Castillo,
Plaintiff-Respondents.
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MEMORANDUM
COME NOW PLAINTIFF-RESPONDENTS, through the undersigned counsel, unto
this Honorable Court most respectfully submit and present this Memorandum in the above-titledcase and aver that:
THE PARTIES
1. Plaintiff-Respondents Heirs of Inocencio Castillo are of legal ages, single/married, and
residing at Sandico St., Poblacion, Norzagaray, Bulacan, where they may be served with legalprocesses and notices issued by this Honorable Court;
2. Defendant-Petitioners Sps. Alberto dela Cruz and Felomina dela Cruz are of legal agesand residing at Sto. Cristo, Angat, Bulacan and may be served with legal processes and other
judicial notices thereto.
I. PROCEDURAL BACKGROUND
1. On March 20, 2003, herein Plaintiff-Respondent filed a Complaint for Unlawful Detainerdated March 11, 2003 against Defendant-Petitioners;
2. On May 6, 2003 Plaintiff-Respondents filed a Motion to Render Judgment
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3. On May 16, 2003, an Opposition To Plaintiffs Motion to Render Judgment, with Motion
to Dismiss was filed by the Defendant-Petitioners;
4. On August 15, 2003, a Decision was rendered by the Municipal Trial Court of
Norzaragay, Bulacan in favor of the Plaintiff-Respondent;
5. On July 1, 2009, a Motion for Reconsideration filed August 16, 2003 by Defendant-
Petitioners through legal counsel was denied by Judge Romulo O. Basa of Municipal Trial Courtof Norzaragy,Bulacan;
6. On July 3, 2009, a Notice of Appeal was filed to the Municipal Trial Court, Norzaragay,
Bulacan by Defendant-Petitioners;
7. Accordingly, the Honorable Regional Trial Court ordered the parties to submit their
respective Memoranda fifteen (15) days from notice, otherwise regardless whether or not
Memoranda were filed, the petition shall be submitted for decision;
Hence, the filing of the instant Memorandum.
II. FACTUAL BACKGROUND
8. Plaintiff-Respondents seeks that a parcel of land located at Sapang A, Pertida,
Norzaragay, Bulacan be returned to their possession, but due to Defendant-Petitionersoccupancy thereat, the former cannot claim possession. It is noteworthy to stress that the
property was inherited by Plaintiff-Respondents as compulsory heirs of Inocencio Castillo.
9. Defendant-Petitioners, on the other hand, were alleged to have occupied the land without
consent, express authority, and by mere tolerance since May 1992. They had not been paying the
reasonable rentals, thereby depriving the said plaintiffs of its use and enjoyment;
10.Inspite of repeated demands, both oral and formal demand, and the last which was
received by the Defendant-Petitioners on June 28, 2002, but they failed and still refused to vacate
and surrender the premises to the Plaintiff-Respondents neither defendants pay the accruedreasonable rentals of P1,500.00 per month from May 1992.
11.Due to the foregoing failure to claim the parcel of land attributed to the obstinate refusalof the Defendant-Petitioners, Plaintiff-Respondents were compelled to hire the services of a legal
counsel to commence the enforcement of ejection under the wings of the courts of law.
III.ISSUES OF THE CASE
A.) WHETHER OR NOT UNLAWFUL DETAINER IS THE PROPER ACTION
FILED INSTEAD OF ACCION PUBLICIANA;
B.) WHETHER OR NOT THE HONORABLE TRIAL COURT ACTED
CORRECTLY IN DECIDING THIS UNLAWFUL DETAINER ACTION ON THE
BASIS OF THE EVIDENCE OF OWNERSHIP;
C.)WHETHER OR NOT THE IMPLEADED DEFENDANT-PETITIONERS ARE
THE REAL PARTIES IN INTEREST.
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IV.ARGUMENTS
A.) The court committed no error in deciding that an unlawful detainer action beenforced upon herein Defendant-Petitioners despite the assailed contention that
what should have been filed was accion publiciana.
B.) The Plaintiff-Respondents has by preponderance of evidence proved their
ownership of the subject parcel of land.
C.) The action of unlawful detainer may be maintained only against one in possession at
the commencement of the action
V. DISCUSSION
A.) An unlawful detainer is a summary action for the recovery of physical possession where
the dispossession has not lasted more than one year while an accion publiciana is a plenary action
for the recovery of the real right of possession has lasted for more than one year. Defendant-Petitioners erroneously allege that it has been over a year since a demand letter to vacate was
received by them and therefore unlawful detainer action is improper. Facts tell otherwise. The
demand letter was dated June 26, 2002 while the action for unlawful detainer was filed on March
20, 2003. Reckoned from the date of the demand letter, it has only been approximately nine (9)months of dispossession, way within the timeframe for unlawful detainer action.
B.)It is necessary to emphasize that the Plaintiff-Respondents are the bona fide owner of theparcel of land located at Sapang A, Pertida, Norzaragay, Bulacan as compulsory heirs of the late
Inocencio Castillo who owed and managed the subject parcel of land. Paper trail submitted by
Defendant-Petitioners suffers a dead end as they cannot explain how the original owner,Inocencio Castillo could have transferred to successive individuals the subject parcel of land.
C.)The Plaintiff-Respondents argument in this issue is intimately connected with the
preceding argument. Defendant-Petitioners vigorously assails that they are not the real parties ininterest but that of the real owner, Constancia Flaviano. The latters proof of ownership however
is defective as they cannot provide a decent document to buttress their claims. Under the law, theaction of unlawful detainer may be maintained only against one in possession at the
commencement of the action and Defendant-Petitioners were the ones in possession of the
subject property at the commencement of this action.
PRAYER
WHEREFORE,premise considered, it respectfully prayed for that this Honorable Court
order that the Defendants and all persons claiming rights under them:
1. to vacate and surrender the premises to the plaintiff;
2. to pay the annual reasonable rentals on the premises at the rate of ONE THOUAND
(P1,500.00) per month from May 1992;3. To pay the sum of P30,000 as attorneys fees plus P2,000.00 as appearance fee.
Other just and equitable relief under the foregoing are likewise being prayed for.
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Respectfully submitted.
Norzaragay, Bulacan,Philippines. October 28, 2011.
ATTY. HERBERT S. ABILLE
IBP Lifetime No. 67891; 5/10/2011
PTR No. 44568; 1/10/2011
Roll of Attorney No. 2011-001023MCLE Compliance No. III 000899
Copy Furnished:
ATTY. FLORANTE CRUZ
Counsel for Petitioners
Unit 1200, Tall Building Condominium,Espana, Manila