40 GR No 172547 PRECY BUNYI and MILA BUNYI Petitioners vs FE S

40 gr no 172547 precy bunyi and mila bunyi

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add persuasive dimension to the conclusion just made. 40 G.R. No. 172547 June 30, 2009 PRECY BUNYI and MILA BUNYI, Petitioners, vs. FE S. FACTOR, Respondent. Respondent Fe S. Factor is one of the co-owners of an 18-hectare piece of land located in Almanza, Las Piñas City. The ownership of the land originated from respondent’s paternal grandparents Constantino Factor and Maura Mayuga-Factor who had been in actual, continuous, peaceful, public, adverse and exclusive possession and occupation of the land even before 1906. 4 On December 9, 1975, the children of Constantino Factor and Maura Mayuga-Factor filed a Petition for Original Registration and Confirmation of Imperfect Title to the said parcel of land, or Lots 1, 2, 3 and 4. On December 8, 1994, the trial court granted the petition in LRC Case No. N-9049 and declared the children of Constantino Factor and Maura Mayuga-Factor as co-owners of the property. 6 The children of Constantino Factor and Maura Mayuga-Factor thereafter sold seven (7) hectares of the Factor family property during the same year. The siblings, except Enrique Factor, respondent’s father, shared and divided the proceeds of the sale among themselves, with the agreement that Enrique would have as his share the portion of the property located in Antioch Street, Pilar Executive Village, Almanza I, Las Piñas City, known as the Factor compound. Following his acquisition thereof, Enrique caused the construction of several houses in the compound including the subject property, a rest house, where members of the Factor family stayed during get-togethers and visits. 7 Petitioners Precy Bunyi and her mother, Mila Bunyi, were tenants in one of the houses inside the compound, particularly in No. 8 Antioch St., Pilar Village, Almanza, Las Piñas City since 1999. 8
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When Enrique Factor died on August 7, 1993, the administration of the Factor compound including the subject rest house and other residential houses for lease was transferred and entrusted to Enrique’s eldest child, Gloria Factor-Labao. Gloria Factor-Labao, together with her husband Ruben Labao and their son Reggie F. Labao, lived in Tipaz, Taguig, Metro Manila but visited and sometimes stayed in the rest house because Gloria collected the rentals of the residential houses and oversaw the Factor compound. When Gloria died on January 15, 2001, the administration and management of the Factor compound including the subject rest house, passed on to respondent Fe S. Factor as co-owner of the property. As an act of goodwill and compassion, considering that Ruben Labao was sickly and had no means of income, respondent allowed him to stay at the rest house for brief, transient and intermittent visits as a guest of the Factor family. On May 31, 2002, Ruben Labao married petitioner Precy Bunyi. On November 10, 2002, Ruben Labao died. At about this time, respondent discovered that petitioners forcibly opened the doors of the rest house and stole all the personal properties owned by the Factor family and then audaciously occupied the premises. Respondent alleged that petitioners unlawfully deprived her and the Factor family of the subject property’s lawful use and possession. Respondent also added that when she tried to enter
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