CA stops award of 23.7-hectare QC prime property

May 8, 2012 10:47 pm 

MANILA, May 8 – The Court of Appeals (CA) has issued a writ of preliminary injunction enjoining a Regional Trial Court (RTC) from proceeding with the implementation of two orders over 23.7 hectares of prime land in Quezon City awarded to Wilfredo Torres.

In a seven-page resolution, the CA's Special Sixth Division granted the petition filed by 36 residents in the affected property praying for the issuance of a writ and it held that "the clear and unmistakable right of petitioners over the properties where the petitioner school, as owner and as occupants, respectively, cannot be denied."

"So as to preserve the rights of petitioners during the pendency of the petition as well as to prevent any judgment that may be promulgated by us from being rendered moot and ineffectual, let a writ of preliminary injunction be issued enjoining the public respondent, as well as the Special Sheriff of the Regional Trial Court…together with all persons acting for and in their behalf, from proceeding with the implementation of the order[s]…" the CA said.

However, the ruling written by Associate Justice Rodil Zalameda, ordered the petitioners to file a "bond in the amount of P500,000 which shall answer for whatever private respondent Wilfredo Torres may incur in the event that the court finds petitioners not entitled to the injunctive writ issued."

Concurring with the ruling were Associate Justices Jane Aurora Lantion and Elihu Ybañez.

The writ covers all the other properties affected by Torres' claim of ownership which include an area containing Sanville 1, 2, 3 and 4 subdivisions.

Court records show that these subdivisions are the K-Ville townhomes, Metro Heights subdivisions, K-Square, Arfel Homes, Sadel Court, Fernwood Gardens, including the St. Francis Chapel and a part of the Claret Seminary, both located in Barangay Culiat, Quezon City.

Also covered by the order are the Montessori School of Quezon City and Wilcon Builders Center along Visayas Ave., Quezon City.

Last year, the same CA division issued a temporary restraining order (TRO) on the property as it directed Torres and Quezon City RTC Judge Tita Marilyn Payoyo-Villordon to comment on the petition filed by the residents.

Criselda Young and Benjamin Capucao led the petitioners in assailing Villordon's orders. They questioned the subsequent issuance of a writ of possession and the legality of the decision issued by the RTC judge.

"Petitioner Maritza L. Tecson has in her favor Transfer Certificates of Title issued in her name over the subject properties, while petitioner school wields a right over the buildings…where it currently uses for education purposes," the CA said.

"Furthermore, the urgent necessity for the issuance of an injunctive writ cannot be undermined," it added.

The CA said that "petitioner school is undoubtedly an educational institution and if the assailed issuances of the public respondent are not restrained until this court has determined the merits of the case, grave and irreparable damage will surely befall petitioners and even innocent third persons."

"After all, this will not only affect the proprietary rights of the parties but will likewise transgress the students' welfare and education," the CA said. (PNA)

scs/PTR

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