Case Digest (G.R. No. 182484) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Tapuz v. Del Rosario, G.R. No. 182484, decided June 17, 2008 under the 1987 Constitution, petitioners Daniel Masangkay Tapuz, Aurora Tapuz-Madriaga, Liberty M. Asuncion, Ladylyn Bamos Madriaga, Everly Tapuz Madriaga, Excel Tapuz, Ivan Tapuz, and Marian Timbas sought to annul orders issued by Judge Elmo F. del Rosario of the Regional Trial Court (RTC) Branch 5, Kalibo, Sheriff Nelson Dela Cruz, the Philippine National Police (PNP) Station Commander in Boracay, and the Court of Appeals (CA) 18th Division, Cebu, and to obtain extraordinary writs. The controversy began when spouses Gregorio and Ma. Lourdes T. Sanson, owners under TCT No. 35813 of a 1.0093-hectare parcel in Boracay, filed with the Fifth Municipal Circuit Trial Court (MCTC) of Buruanga-Malay, Aklan on April 24, 2006 a complaint for forcible entry and damages against the petitioners and 120 John Does, praying also for a writ of preliminary mandatory injunction. The MCTC rendered judgment on January 2, 2007, finding Case Digest (G.R. No. 182484) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Underlying dispute and parties
- Petitioners Daniel Masangkay Tapuz, Aurora Tapuz-Madriaga, Liberty M. Asuncion, Ladylyn Bamos Madriaga, Everly Tapuz Madriaga, Excel Tapuz, Ivan Tapuz and Marian Timbas claimed prior possession of a 1.0093-ha parcel at Sitio Pinaungon, Balabag, Boracay, Malay, Aklan.
- Private respondents Spouses Gregorio and Ma. Lourdes Sanson, registered owners under TCT No. 35813, alleged forcible entry by the petitioners and about 120 unidentified armed men on April 19, 2006, and filed a complaint for forcible entry and damages with the Fifth Municipal Circuit Trial Court (MCTC).
- MCTC proceedings and decision
- In their April 2006 Answer and counterclaim, petitioners denied wrongdoing and asserted the Sansons’ title was spurious.
- On January 2, 2007 the MCTC (Judge Barrios) ruled for the Sansons, finding from the Commissioner’s Report that the Sansons had actual possession since 1993 (via perimeter fence) and were ousted by force in April 2006.
- RTC and Court of Appeals actions
- On appeal to RTC Branch 6, Judge Marin granted the Sansons a preliminary mandatory injunction; Judge del Rosario later issued the writ (March 12, 2007), denied reconsideration (May 17, 2007) and ordered demolition. Sheriff’s notice to vacate and demolish issued March 19, 2008.
- Petitioners filed a Rule 42 petition for review with CA Cebu (CA-G.R. SP No. 02859) on August 2, 2007; motions remained unresolved as of April 2008.
- Petition before the Supreme Court
- On April 29, 2008 petitioners filed with the Supreme Court: certiorari under Rule 65, writ of amparo, and writ of habeas data.
- They alleged armed intrusion, shotgun threats, arson of two houses, ongoing threats to life and security and sought PNP reports.
Issues:
- Was the certiorari petition timely filed and free of forum shopping?
- Did the MCTC (and on appeal, the RTC) properly exercise jurisdiction over the forcible entry action?
- Is there a prima facie basis for issuing the writ of amparo to protect the petitioners’ rights to life, liberty or security?
- Is there a sufficient showing to justify the issuance of a writ of habeas data for police reports?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)