Case Summary (G.R. No. L-28380)
Procedural History and Background
On October 20, 1964, Enrique A. Defante was sued by the Municipality of Las Piñas for alleged forcible entry onto property owned by the municipal corporation (Civil Case No. 226). Municipal Judge Antonio E. Rodriguez issued a writ of preliminary mandatory injunction on December 20, 1966, ordering Defante to cease further occupation of the eastern portion of the disputed lot. Consequently, Atty. Rodolfo E. Mateo, along with co-defendants Francisco Tejones, Loreto Torres, and Wilfredo Montes, enforced this writ on December 21, leading to Defante's ejection from the land and the demolition of his improvements.
Subsequent Legal Action
On January 21, 1967, in response to these actions, Defante filed an action for damages against Judge Rodriguez and the persons involved in his ejection in the Court of First Instance of Rizal, Pasay City Branch VII (Civil Case No. 847-R). The defendants submitted a motion to dismiss the complaint, citing lack of cause of action and lack of jurisdiction. Judge Rodriguez endorsed this motion, and Judge Francisco de la Rosa dismissed the complaint on March 2, 1967, determining that it was intimately connected to the pending ejectment suit in the municipal court.
Appeal and Death of Plaintiff
Defante subsequently appealed the dismissal of his case to the Supreme Court, arguing that the dismissal was contrary to law. The appeal was submitted for decision on September 27, 1968. However, pursuant to a resolution on January 14, 1976, Defante's counsel informed the Court on February 16, 1976, of Defante's death. His counsel further relayed that due to developments in a related land registration case, Defante's
...continue readingCase Syllabus (G.R. No. L-28380)
Case Citation
- 161 Phil. 583
- G.R. No. L-28380
- Decision Date: February 27, 1976
Parties Involved
- Plaintiff-Appellant: Enrique A. Defante
- Defendants-Appellees: Hon. Antonio E. Rodriguez, Atty. Rodolfo E. Mateo, Francisco Tejones, Loreto Torres, Wilfredo Montes
Background of the Case
- On October 20, 1964, Enrique A. Defante was sued by the Municipality of Las Pinas for alleged forcible entry into a municipal lot (Civil Case No. 226).
- Municipal Judge Antonio E. Rodriguez issued a writ of preliminary mandatory injunction preventing Defante from occupying the eastern portion of the lot.
- The order was enforced on December 21, 1966, resulting in Defante's ejection from the property and the demolition of his improvements by the defendants.
Subsequent Legal Action by Defante
- On January 21, 1967, Defante filed a lawsuit for damages against Judge Rodriguez and the individuals who execut