to digest.docx - Republic of the Philippines Supreme Court Manila THIRD DIVISION GEORGIA T ESTEL G.R No 174082 Petitioner Present VELASCO JR J

to digest.docx - Republic of the Philippines Supreme Court...

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Republic of the Philippines Supreme Court Manila THIRD DIVISION GEORGIA T. ESTEL, Petitioner, - versus - RECAREDO P. DIEGO, SR. and RECAREDO R. DIEGO, JR., Respondents. G.R. No. 174082 Present: VELASCO, JR., J. , Chairperson , PERALTA, ABAD, MENDOZA, and PERLAS-BERNABE, JJ . Promulgated: January 16, 2012
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x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x D E C I S I O N PERALTA, J. Before the Court is a petition for review on certiorari seeking to annul and set aside the Decision 1 promulgated on September 30, 2005 and Resolution 2 dated August 10, 2006 by the Court of Appeals (CA) in CA-G.R. SP No. 77197. The assailed Decision affirmed the Decision dated October 7, 2002 of the Regional Trial Court (RTC) of Gingoog City, Branch 27, Misamis Oriental, while the questioned Resolution denied petitioner's Motion for Reconsideration. The factual and procedural antecedents of the case are as follows: The present petition originated from a Complaint for Forcible Entry, Damages and Injunction with Application for Temporary Restraining Order filed by herein respondents Recaredo P. Diego, Sr., and Recaredo R. Diego, Jr. with the Municipal Trial Court in Cities (MTCC) of Gingoog City, Misamis Oriental. Respondents alleged that on April 16, 1991, they entered into a contract of sale of a 306 –square- meter parcel of land, denominated as Lot 19, with petitioner; after receiving the amount of P 17,000.00 as downpayment, petitioner voluntarily delivered the physical
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and material possession of the subject property to respondents; respondents had been in actual, adverse and uninterrupted possession of the subject lot since then and that petitioner never disturbed, molested, annoyed nor vexed respondents with respect to their possession of the said property; around 8:30 in the morning of July 20, 1995, petitioner, together with her two grown-up sons and five other persons, uprooted the fence surrounding the disputed lot, after which they entered its premises and then cut and destroyed the trees and plants found therein; respondent Recaredo R. Diego, Jr. witnessed the incident but found himself helpless at that time. Respondents prayed for the restoration of their possession, for the issuance of a permanent injunction against petitioner as well as payment of damages, attorney's fees and costs of suit. 3 On July 26, 1995, the MTCC issued a Temporary Restraining Order 4 against petitioner and any person acting in her behalf. In her Answer with Special/Affirmative Defenses and Counterclaims, petitioner denied the material allegations in the Complaint contending that respondents were never in physical, actual, public, adverse and uninterrupted possession of the subject lot; full possession and absolute ownership of the disputed parcel of land, with all improvements thereon, had always been that of petitioner and her daughter; the agreement she entered into with the wife of respondent Recaredo P. Diego, Sr. for the sale of the subject lot had been abrogated; she even offered to return the amount she received from respondents, but the latter refused to accept the same and instead offered an additional amount of P 12,000.00 as part of the purchase price but she also refused to accept their offer; the subject of the deed of sale between petitioner and respondents and what has been delivered to respondents was actually Lot 16 which is
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