Submitted by Vox Bikol on
NAGA CITY Philippines (August 1, 2011) - The Court of Appeals (CA) has favored the Naga City government over the ownership of five hectares local administration site in its full reversal of the Regional Trial Court decision on a controversial ejectment case filed by Mariano heirs.
In a press briefing, Naga City Mayor John Bongat confirmed that the 4th Division of the Appellate Court has disposed of the ejectment case filed by the heirs of Don Macariano Mariano, the property donor, against the city government.
He said the decision has sustained the facts that the donation of the land was valid and that no cause of action for the claim or the ejectment case filed was not sufficient to demand judicial action.
Bongat is confident that even if the case ends up at the Supreme Court, the high court will still favor the city government because they have proven the validity of the city's claim through the deed of donation.
He also said the Mariano family is guilty of laches because they only questioned the occupancy of the City Hall only after 49 years without any course of action oppugning their supposed tenancy since 1954.
Moreover, the tax declaration of the property was already transferred to the city, which is a constructive notice of ownership, Bongat said.
The Supreme Court is set to determine the presence of the law not the determination of the facts; in the case of CA decision, the city has already established its possession though they filed separate case for ownership at the lower court, Bongat declared.
In 2003, Danilo Mariano, grandson of Don Macariano Mariano filed an ejectment case at the Municipal Trial Court (MTC) against Naga City government claiming illegality in its tenancy of the property but it was dismissed because of lack of jurisdiction.
The case was elevated to the Regional Trial Court (RTC) that reversed the MTC decision and ordered the city government to pay the Mariano family P250 million monthly rental.
It was brought up to the CA that in its earlier ruling affirmed the RTC’s decision but reduced the rental to P250 thousand instead of P250 million.
However, the city government filed a motion for reconsideration and the CA in its latest decision favors the city. (Noriel Oya)