Court of Appeals Forcible Entry No.124921

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  • 8/18/2019 Court of Appeals Forcible Entry No.124921

    1/12

    Ttarc€z€

    e*e4

    ffi

    W

    .EJi,H,:f'fliTlltl"

    I,

    TERESITA

    R.

    MARIGOMEN,

    Clerk

    of

    Court of the

    Court

    of

    Appeals,

    do

    hereby

    certify

    that

    I

    have

    examined the herein document,

    to

    wit:

    A certiJied

    true

    copy

    of the Decision

    of the Court

    of

    Appeals in

    case

    CA-G,R.

    .SP

    No.

    124921,

    Atry, Ernesto

    L,

    De Los

    Santos

    vs.

    University

    of

    Manila, et

    al.,

    etc,,

    promulgated

    on February

    24,

    2016,

    and

    consisting

    of

    Eleven

    (11)

    pages

    only.

    That

    the same

    has bee't compared

    with

    the

    original on

    jile

    in

    this

    Office,

    and that

    the same is

    s true and

    correct copy

    thereof,

    IN

    WITNESS WHEREOF,

    I

    have

    hereunto

    signed my name

    and affrxed the

    seal

    of this

    Court,

    this

    APR

    0

    "i

    201&

    NOTE: This

    certification is

    not

    valid

    u,ithout

    the signatures

    of

    the

    certifying

    officer

    as well as

    the

    seal of the

    Court on

    each and

    verifier

    and the

    is document.

    MEN

    ARN

    .

    MACAPAGAL

    Chief Reporter

    Verified

    with the

    Original

    in

    the custody of

    the Reporter's

    Division

    By:

    ,l

    /

    LINA E.

    PANTOLA

    dPi

    CI

    i

    i,|0

    NTINOLA

    By:

    Prs.oo

    ,r"rfrgr1{+b

    Stamp

    paid

    under

    Original

    Receipt No.

    Pairl:

    1l

    q)

    1JCl.r

    o.R.

    Nos.

    Nf7ldd

    .

    hLFA

    JZJ

    Proofiead

    By:

    Date:

    v.T,t

    (

    tr

    ANIBEil

    T.

    RODELAS

    Issued upon

    the

    request

    of:

    Villamie

    Mantilla

    1549 HDS Bldg.,

    A. Mabini

    St.

    Ermita,

    NIla.

  • 8/18/2019 Court of Appeals Forcible Entry No.124921

    2/12

    DE LOS

    Petitioner,

    -uersus

    -

    UNIU}RSITY

    OF

    MANII,A,

    MRS. EMILY

    D.

    DE

    LEON,

    ATTY.

    DIOSDA.DO

    G. II/TADRID,

    JULIEWHYNN

    QUEND

    OZA*,

    ATTY.

    ERNESTO

    L.

    SANTOS,

    JEFFREY

    C.

    JOCELYN

    PROVTDER

    Repuhrlic of

    tlre

    Philippines

    Court

    of

    Appeals

    MANILA

    TENTH DIVISION

    OLIGARTO,

    OLIGARIO,

    SECURTTY

    CA

    _

    G.R.

    SP

    NO . I2492L

    Members:

    PUNZALAN

    CASTILLO,

    M.

    P.,

    Chairperson

    MACALINO,

    F.S., and

    GALAPATE.LAGUILL

    ES, 2.T.,

    J,J,

    :

    Promulgated:

    2

    {

    FEB

    ZO16

    fuim,nr

    /:dtl7

    AGENCY,

    ROBERTO

    C.,

    GAUDIA,

    ANGELO P.

    MENDALO,

    VICTORY

    COMBAT

    FORCE

    SECURITY

    .FTGENCY,

    ABU

    DIMAPORO,

    REYNALDO

    Q.

    MARCIAL

    and ALL

    PERSONS

    CLAIMING

    RIGHTS

    UNDER

    THEM,

    Respondents.

    DECISION

    GALAPATE-LAGUILLES,

    =I,

    ;

    An

    action

    for

    forcible

    entry is a

    quieting

    process

    that

    ls

    summarg

    in nature. /f

    fs

    designed

    to recouer

    phgsical

    possession

    in

    speedA

    proceedings

    that are

    restrictiue

    in

    nature, scope

    and

    time lirnits. xxxx

    1

    '

    Quendoza/Quindoza

    in some

    part

    of the

    records

    1

    Justice Panganiban in Bongato v. Sps. Nlalvar, G.R. L4L6L4. August

    1

    L

    A,(;,R,

    C'R/C\/iSI NO.

    RESITA

    Ai.IGOMET.

    Cl,erk

    rl

    Ptu'ln,url

    llyr

    BY:

    ATTY

    h* rt't.

    t .

    r\,t

    Ac.\pAcAt

    Chicf

    Ri,0orter

    ro

    rter

    COUR'I'OT

    APPEALS

    VERIFIED

    [,r

  • 8/18/2019 Court of Appeals Forcible Entry No.124921

    3/12

    CA-G.R.

    SP

    No,

    1249?-l

    DECISION

    Page 2 of

    11

    This

    Petition

    for

    Review

    assails

    the

    Decision

    dated

    March

    l, 2Ot2

    of the

    Regional

    Trial Court,

    Baguio

    City,

    Branch

    5

    in

    Special

    Civil

    Action No.

    7510-R

    which

    affirmed

    in

    toto

    the

    Order dated

    September

    5,

    zALl

    of

    the

    Municipal

    Trial

    Court

    in

    Cities, Branch 1

    of

    Baguro

    City.

    The facts

    as culled

    from the

    records

    are as

    follows.

    Petitioner

    Atty.

    Ernesto

    Delos

    Santos

    (Delos Santos)

    is

    a

    stockholder

    of

    the University

    of

    Manila

    (UM),

    owned

    by

    his

    late

    grandparents

    and

    parer.ts.

    He is

    also

    the

    generaL

    manager of

    the

    Benguet Pines Tourist Inn

    (Beng,uet

    Pines), owned

    by

    UM.

    Petitioner owns

    a-nd

    manages Pines

    Shadow

    Cafe, a

    restaurant

    located

    wjthin

    the

    premises

    of

    Benguet

    Pines.

    Within

    the

    premises

    of Benguet Pines is the ancestral

    house

    which

    Delos

    Santos

    and

    his

    family had

    been occupying,

    even

    before

    the establish,naent

    of

    Benguet

    Pkres.

    Respond.ents

    on

    the other hand

    alLege

    that Delos Santos

    was

    merely tolerated

    by the

    Board

    of

    Trustees

    (Board)

    of UM to

    manage

    and

    operate

    Benguet

    Pines

    and to

    occupy

    a

    room

    in

    the

    anscestral

    house

    because,

    not

    only

    because

    he

    is

    a

    stockholder

    and a member

    of the Board,

    he is

    also

    willing

    to

    staSr

    in

    Baguio

    City.

    Sometime

    in

    ,June

    ZOLI,

    the

    Board

    of

    UM

    issued

    a

    Resolution2,

    the

    pertinent portion

    of

    which

    states:

    xxx

    "RESOLVED,

    as

    il

    is

    resolveC,

    ttrat

    effective

    June

    15,

    2011

    and for the reason

    of

    conflict

    of

    interest,

    Atty.

    ERNESTO

    L.

    DELOS

    SANTOS,

    he

    being the owner and

    operator

    of

    Deiy's

    Inn

    located

    at

    CTLL

    Building,

    110

    Otek St., Baguio

    City, shall

    no

    longer have

    any

    hand

    in the

    managbment

    and

    operation

    of Benguet

    Pines

    Tourist

    Inn.;

    "RESOLVED,

    Further,

    as it

    is

    hereby

    resolved,

    that

    effective

    June 15,

    20ll

    the

    rrranagement

    and

    Tourist

    Inn,

    managed

    and

    operat

    Atty.$rnesto

    L.

    C^-C.R,

    CR/CViS?

    NO.

    ITA

    R:

    ARIGOMEI'

    Cle

    0urt

    BY:

    A'ITY

    ARNEI,

    D,

    ITIACAPAGAL

    Clrief

    ftr:

    porrcr

    COUR'T

    OF APPEAIJ

    N

    VERIFIED

    2

    Rollo/

    p.

    98

    l'rttrlfll'r1d

    gyi

  • 8/18/2019 Court of Appeals Forcible Entry No.124921

    4/12

    CA-G.R.

    SP

    No.

    LZ492L

    DECISION

    Page

    3

    of

    11

    Delos

    Santos

    shall be

    under

    the

    managemerrt

    and

    operation

    of

    the

    Benguet Pines

    Tourist Inn;

    and that

    all

    appliances

    owned

    by Atty,

    Delos

    Santc.rs in

    the

    said

    canteen

    shall

    be

    returned

    to

    him

    or

    to his

    employees;

    "RESOLVED,

    Furthermore,

    as it is

    resolved, that

    effective

    Junc

    15, 2011