Professional Documents
Culture Documents
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* SECOND DIVISION.
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PERALTA, J.:
Before the Court is a petition for review on certiorari
under Rule 45 of the Rules of Court seeking the reversal
and nullification of the Decision1 and Order,2 respectively
dated October 24, 2001 and January 18, 2002, of the
Regional Trial Court (RTC) of Iloilo City, Branch 24.
The instant petition stemmed from an action for
ejectment filed by herein respondent Jose Juan Tong
(Tong) through his representative Jose Y. Ong (Ong)
against herein petitioners Anita Monasterio-Pe (Anita) and
the spouses Romulo Tan and Editha Pe-Tan (Spouses Tan).
The suit was filed with the Municipal Trial Court in Cities
(MTCC), Branch 3, Iloilo City and docketed as Civil Case
No. 2000(92).
In the Complaint, it was alleged that Tong is the
registered owner of two parcels of land known as Lot Nos.
40 and 41 and covered by Transfer Certificate of Title
(TCT) Nos. T-9699 and T-9161, together with the
improvements thereon, located at Barangay Kauswagan,
City Proper, Iloilo City; herein petitioners are occupying
the house standing on the said parcels of land without any
contract of lease nor are they paying any kind of rental and
that their occupation thereof is simply by mere tolerance of
Tong; that in a letter dated December 1,
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8 Sevilleno v. Carilo, G.R. No. 146454, September 14, 2007, 533 SCRA
385, 388, citing Macawiwili Gold Mining and Development Co., Inc. v.
Court of Appeals, 297 SCRA 602 (1998); see Regalado, Remedial Law
Compendium, Vol. I, Sixth Revised Edition, p. 540.
9 Sec. 1. How appeal taken; time for filing.—A party desiring to
appeal from a decision of the Regional Trial Court rendered in the exercise
of its appellate jurisdiction may file a verified petition for review with the
Court of Appeals, paying at the same time to the clerk of said court the
corresponding docket and other lawful fees, depositing the amount of
P500.00 for costs, and furnishing the Regional Trial Court and the adverse
party with a copy of the petition. The petition shall be filed and served
with fifteen (15) days from notice of the decision sought to be reviewed or
of the denial of petitioner’s motion for new trial or reconsideration filed in
due time after judgment. Upon proper motion and the payment of the full
amount of the docket and other lawful fees and the deposit for costs before
the expiration of the reglementary period, the Court of Appeals may grant
an additional period of fifteen (15) days only within which to file the
petition for review. No further extension shall be granted except for the
most compelling reason and in no case to exceed fifteen (15) days.
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13 Id.
14 Id.
15 Sec. 1. Who may institute proceedings and when.—Subject to the
provisions of the next succeeding section, a person deprived of the
possession of any land or building by force, intimidation, threat, strategy,
or stealth, or a lessor, vendor, vendee, or other person against whom the
possession of any land or building is unlawfully withheld after the
expiration or termination of the right to hold possession, by virtue of any
contract, express or implied, or the legal representatives or assigns of any
such lessor, vendor, vendee, or other person, may at any time within one
(1) year after such unlawful deprivation or withholding of possession,
bring an action in the proper Municipal Trial Court against the person or
persons unlawfully withholding or depriving of possession, or any person
or persons claiming under them, for the restitution of such possession,
together with damages and costs.
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18 Metro Manila Transit Corporation v. D.M. Consortium, Inc., G.R. No.
147594, March 7, 2007, 517 SCRA 632, 640.
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19 Canlas v. Tubil, G.R. No. 184285, September 25, 2009, 601 SCRA
147, 159.
20 Soriente v. Estate of the Late Arsenio E. Concepcion, G.R. No.
160239, November 25, 2009, 605 SCRA 315, 329.
21 Id.
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