G.R. No. 166558 - Pasion vs. Melegrito

On February 4, 1999, respondent Simplicio R. Melegrito, represented by Anselma Timones, filed a forcible entry complaint against the Bueno sisters—Filipina M. Bueno, Divina M. Bueno, and Regina M. Bueno—with the 5th Municipal Circuit Trial Court (MCTC) of Gerona, Tarlac (Civil Case No. 1243-99).
Respondent alleged that the defendants constructed a two-story concrete residential building on his land located in Nilasin, Pura, Tarlac, without his knowledge or consent, using stealth and strategy. He further claimed that despite notice and demand, the defendants refused to remove the structure and continued unlawfully to possess the land.
On July 22, 1999, the MCTC rendered judgment ordering the defendants to vacate the premises or remove the improvements, pay attorney's fees, damages, and costs of suit in favor of respondent.

The Bueno sisters appealed to the Regional Trial Court (RTC), Branch 63, Tarlac, which on December 13, 1999, set aside the MCTC judgment and dismissed the case. The RTC denied respondent’s motion for reconsideration.
Respondent filed a petition for review with the Court of Appeals (CA). On June 16, 2000, the CA reversed the RTC decision, reinstating the MCTC’s judgment in its entirety.
On remand, the MCTC granted respondent’s motions leading to the issuance of a writ of execution on June 28, 2001, and subsequently a writ of demolition on January 24, 2002, for the removal of the improvements. An alias writ of demolition was issued on September 12, 2002.

On November 4, 2002, petitioner Nora Bueno Pasion (recognized agricultural tenant and sister of the Bueno sisters) filed a complaint for injunction with a preliminary injunction and temporary restraining order (TRO) against respondent, the presiding judge, and the provincial sheriff (Civil Case No. 9420, RTC Branch 65, Tarlac).
Petitioner sought to restrain the enforcement of the writ of demolition directed against a house she claimed to own and occupy—a reconstructed old family house on respondent's land. She presented a building permit and tax declaration as proof of ownership.
RTC Branch 65 granted a TRO for 72 hours on November 7, 2002, later extended to the 20-day maximum but denied the prayer for preliminary injunction on December 10, 2002.

Petitioner filed a petition for certiorari with the CA on January 8, 2003, alleging grave abuse of discretion by the RTC judge in allowing enforcement of the writ of demolition against her despite not being a party in Civil Case No. 1243-99 and in denying her ownership claim.
On May 5, 2004, the CA denied the petition, ruling that the building was constructed by the Bueno sisters (not by petitioner) as established in the previous judgment, and that issuance of the preliminary injunction was within the RTC’s sound discretion.
Petitioner’s motion for reconsideration was denied by the CA on December 15, 2004.

Petitioner filed a Petition for Review under Rule 45, raising the issue of whether the denial of her prayer for preliminary injunction to enjoin the enforcement of a writ of demolition in a case to which she was not a party was proper.
She claimed ownership of the structure through a building permit and tax declaration, and contended that as a non-party, the judgment in Civil Case No. 1243-99 should not prejudice her rights.

Whether the enforcement of a writ of demolition issued in Civil Case No. 1243-99, which was not filed against petitioner as a party, may be rightfully implemented against her.
Whether the denial of petitioner’s prayer for a preliminary injunction to restrain the enforcement of the writ of demolition issued against the structure she claims to own was proper.