In its ruling, the MCTC examined petitioner's title as well as those of her predecessors' and concluded that when the Medalla spouses subdivided Lot 2 into nine (9) smaller lots, they erroneously included a portion of Socorro Lim's property. In its Decision dated 12 August 2014, the MCTC ordered petitioner, among others, to vacate and turn over peaceful possession of the disputed portion of property.
#Metes and bounds realty camarillo trial#
Unfortunately, the demand was ignored by petitioner, and respondents were constrained to file the instant complaint for Forcible Entry with Prayer for Issuance of Writ of Preliminary Injunction against petitioner before the Municipal Circuit Trial Court of Coron-Busuanga (MCTC)."
Now then, claiming that petitioner had unlawfully encroached into a portion of their property, respondents, through counsel, sent a demand letter to petitioner demanding that she immediately remove the fence that she built on respondents' land as well as to turn over peaceful possession of that portion of property that petitioner intruded into. To further delineate their claimed property, petitioner fenced the same and placed signs thereon that read "NO TRESPASSING" and "NOTICE THIS PROPERTY IS OWNED BY THE MARTINEZ FAMILY." On 10 August 2010, petitioner Martinez and her father entered into the property and uprooted some of the acacia mangium trees that were previously planted thereon by the late Remberto Lim and his son, Alan Lim. Lots 2-D, 2-E and 2-F were thereafter sold to herein petitioner Martinez, pursuant to three (3) separate Deeds of Absolute Sale, and by virtue thereof, petitioner Martinez was issued TCT Nos.
Lot 2 was further subdivided into nine (9) smaller lots, this time designated as Lots 2-A to 2-1, inclusive. E-9487 to a certain Dorothy and Alexander Medalla who, thereafter, subdivided the same into two (2) smaller lots, designated as Lots 1 and 2. It is worthy to note that per the technical description in said title, the property is bounded on both the east and west by the properties of the Heirs of Socorro Lim, which were later on acquired by the late Remberto Lim.Īs it happened, Jose sold his land covered by OCT No. E-9487 with an area of Twenty Eight Thousand and Six square meters (28,006 sqm.). 006-0515-A.Īdjoining Remberto's land is the land of his brother - Jose Lim - registered under OCT No. Respondents are the heirs of Remberto Lim who, during his lifetime, owned, possessed, and cultivated a parcel of land located in Sitio Banga, Barangay VI, Coron, Palawan, designated as Assessor's Lot 065 and covered by Tax Declaration No. This case emanated from an action for Forcible Entry with Prayer for Issuance of Writ of Preliminary Injunction filed by herein respondents heirs of Remberto Lim against petitioner Jessica Lio Martinez.
The factual and procedural antecedents of the case as summarized by the CA are as follows: 006-0515-A of the Assessor's Office of Coron, Palawan originally issued in the name of the heirs of Socorro Lim, and to turn over its peaceful possession to the respondents. The petitioner hereby appeals the decision promulgated on March 20, 2017, 1 whereby the Court of Appeals (CA) affirmed the judgment rendered on Apby the Regional Trial Court (RTC), Branch 51, in Puerto Princesa City, Palawan ordering her and all other persons acting for and in her behalf to vacate the part of the premises covered by Tax Declaration No. It can be taken proper cognizance of in the context of accion reivindicatoria. The resolution of a boundary dispute - by reason of the issue therein being whether or not the contested portion pertained to one or the other of the parties - is not within the province of the summary action of forcible entry under Rule 70 of the Rules of Court.
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