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COURT OF APPEALS
MANILA
Seventh Division
-versus-
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BRIEF FOR THE APPELLEE
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APPELLEE TUBLAY SCHOOL OF HOME INDUSTRIES
(TSHI), by counsel to this Honorable Court, respectfully states:
No costs.
6 Ibid, p. 46.
7 Ibid, p. 47.
8 Ibid, pp. 51-58.
9 Ibid, p. 60.
10 Ibid, p. 62.
11 Ibid, pp. 84-90.
12 Ibid, pp. 95-97.
13 Ibid, pp. 98-100.
BRIEF FOR THE APPELLEE 4
CA-G.R. CV No. 102699
Tito Acop, Sr. vs. Tublay School
x---------------------x
On May 14, 2004, the trial court deemed the two motions
filed by TSHI. On December 8, 2004, there being no comment
filed by Acop on the motions of the Spouses Malano and
Bolislis, the trial court deemed all motions and pending
incidents submitted for resolution.21
21 Ibid, p. 7.
22 Ibid, pp. 7-8.
BRIEF FOR THE APPELLEE 6
CA-G.R. CV No. 102699
Tito Acop, Sr. vs. Tublay School
x---------------------x
23 Ibid, p. 8.
24 Ibid.
25 Ibid.
26 Ibid, p. 9.
27 Ibid.
BRIEF FOR THE APPELLEE 7
CA-G.R. CV No. 102699
Tito Acop, Sr. vs. Tublay School
x---------------------x
On June 25, 2007, TSHI filed its Motion for the Urgent
Resolution of Defendant's Motion for the Issuance of Writ of
Preliminary Injunction filed in January 19, 2004.30
36 Ibid, p. 11.
37 Ibid.
38 Ibid.
39 Ibid.
BRIEF FOR THE APPELLEE 9
CA-G.R. CV No. 102699
Tito Acop, Sr. vs. Tublay School
x---------------------x
No costs.
IT IS SO ORDERED.
In an Order dated May 23, 2014, the trial court gave due
course to both notices of appeal.
I.
II.
III.
IV.
COUNTERSTATEMENT OF FACTS
ISSUES
I.
WHETHER INTERVENORS-APPELLANTS CAN BE
DECLARED OWNERS OF A PARCEL OF LAND
WITHIN THE AMBUKLAO-BINGA FOREST
RESERVE.
II.
WHETHER THE CLAIM OF INTERVENORS-
APPELLANTS TO BE DECLARED AS OWNERS OF A
ARGUMENTS
I.
THE LOT SUBJECT OF THE CONTROVERSY IS
LOCATED WITHIN THE AMBUKLAO-BINGA
FOREST RESERVE, HENCE, INCAPABLE OF
PRIVATE OWNERSHIP.
II.
INTERVENORS-APPELLANTS' TESTIMONIAL AND
DOCUMENTARY EVIDENCE CANNOT BE UTILIZED
TO PROVE OWNERSHIP OVER THE SUBJECT
PROPERTY.
III.
THE ACTION TO BE DECLARED OWNERS OVER
THE SUBJECT PROPERTY IS NOT TENABLE IN AN
ACTION FOR JUST COMPENSATION.
DISCUSSION
ATTY. TABANDA:
COURT INTERPRETER:
ATTY. TABANDA:
COURT:
ATTY. TABANDA:
COURT INTERPRETER:
ATTY. TABANDA:
COURT INTERPRETER:
COURT INTERPRETER:
COURT:
Noted.
ATTY. SELMO:
COURT:
COURT INTERPRETER:
COURT:
Mark it.
BRIEF FOR THE APPELLEE 19
CA-G.R. CV No. 102699
Tito Acop, Sr. vs. Tublay School
x---------------------x
COURT:
44 TSN dated January 24, 2013 (Mr. Oliver Bilango), pp. 10-15.
45 Section 3(g), Presidential Decree No. 705 also known as THE FORESTRY REFORM
CODE OF THE PHILIPPINES.
46 Republic v. CA and Carantes, G.R. No. l-56948 citing Vano vs. Government of
Philippine Islands, 41 Phil. 161; Adorable v. Director of Forestry, 107 Phil. 401;
Director of Forestry vs. Muñoz, 23 SCRA 1183; Republic vs. De la Cruz 67 SCRA
221; Director of Lands vs. Reyes & Azurin vs. Director of Lands, 68 SCRA 177;
Republic vs. Court of Appeals, 89 SCRA 648; and Director of Lands vs. Court of
Appeals, 133 SCRA 701.
47 Ibid citing Director of Lands vs. Court of Appeals, 133 SCRA 701.
BRIEF FOR THE APPELLEE 20
CA-G.R. CV No. 102699
Tito Acop, Sr. vs. Tublay School
x---------------------x
PRAYER
FLORIN T. HILBAY
Solicitor General
Roll No. 44957
IBP Lifetime No. 08505
MCLE Exemption No. IV-001068 (05-14-13)
DINAH P. MAXIMO-UY
Associate Solicitor
Roll No. 56684
IBP Lifetime No. 0898
MCLE Compliance No. IV-0009182 (11-13-12)
COPY FURNISHED:
EXPLANATION
(Pursuant to Section 11, Rule 13 of the
1997 Rules of Civil Procedure)
DINAH P. MAXIMO-UY
Associate Solicitor
DPMU/bless
#87544