Anastacio Tuballa Heirs

Post on 16-Aug-2015

224 views 5 download

description

Torts

Transcript of Anastacio Tuballa Heirs

ANASTACIO TUBALLA HEIRS, namely: JULIANA TUBALLA, AGUSTIN TUBALLA, and HERMAN TUBALLA, petitioners, vs.RAUL CABRERA, ET AL., respondents.R E S O L U T I O NVELASCO, JR., J.:This is a Petition for Review on Certiorari under Rule 45 which seeks to correct the Order dated anuary !, "##$ of the Re%ional Trial Court &RTC', (ranch !$ in )uma%uete City, *e%ros Oriental, and to direct its ud%e to correct the transposition of the di%its $ and 5 in +oth the dispositive portions of the Court of ,ppeals &C,' )ecision dated Octo+er "5, "##" and the RTC )ecision dated -eptem+er !#, .//4 to conform to 0ot *o. 5697 as descri+ed in the Complaint and the evidence, that is, the Ori%inal Certificate of Title &OCT' *o. 123.$44#.On une "., .//., ,nastacio Tu+alla filed a Complaint a%ainst Ca+rera 5nterprises, 6ncorporated &Ca+rera 5nterprises', for Recovery of Possession of a parcel of su%ar land. Tu+alla is the re%isteredowner of 0ot *o. 5$/7 with an area of ...#!!7 hectares located in (ondo, -iaton, *e%ros Oriental, covered +y 1ree Patent *o. 544"$4 %ranted on -eptem+er "4, ./7! and +y OCT *o. 123.$44# dated Octo+er .., ./74. Tu+alla and his predecessors3in3interest had +een in possession and occupation of the land since time immemorial. 6t was Tu+alla who invested time, resources, and effort to convert the pu+lic land into private ownership.-ometime in ./4", the men employed +y Ca+rera 5nterprises intruded into the su+8ect land without Tu+alla9s consent. The la+orers of Ca+rera 5nterprises did not heed Tu+alla9s protestation and admonition, promptin% him to make several attempts to accost the mana%er of Ca+rera 5nterprises +ut to no avail, as the mana%er either was always out of office or refused to meet Tu+alla. On -eptem+er !#, .//4, the RTC rendered a )ecision,. the dispositive portion of which reads::;5R51OR5, 8ud%ment is here+y rendered:.. Orderin% the defendant corporation, Ca+rera 5nterprises 6ncorporated to vacate 0ot *o. $5/7, Pls3$5/3) and turn over the possession of the same to the plaintiff ,nastacio Tu+alla