Displaced Boracay residents asks SC for assistance in reclaiming land
Displaced residents of Boracay Island in the province of Kalibo, Aklan, has asked the Supreme Court (SC) to issue all possible legal remedies in order to restore their ownership over a parcel of land which has been awarded by the lower court to its "rightful owners."
In a 27 page petition, Boracay residents -- Daniel Masangkay Tapuz and his relatives, Excel Tapuz, Ivan Tapuz, Aurora Tapuz-Madriaga, Ladylyn Ramos Madriaga, Everly Tapuz Madriaga and Marian Timbas -- asked the SC to issue a writ of habeas data, writ of amparo, a temporary restraining order and/or preliminary injunction and to declare the writ of demolition issued by the Regional Trial Court of Kalibo, Branch 5 on June 22, 2007 null and void.
The petitioners asked the court to issue a writ of amparo to prevent respondents, Gregorio Sanson, his wife Ma. Lourdes and their bodyguards from intimidating and driving them away from their homes and ancestral land.
The petitioners also sought the SC's issuance of a writ of habeas data requiring the Philippine National Police (PNP) in Boracay to disclose information as to the investigation it conducted in connection with the burning of their homes last April 29, 2006.
"The plaintiffs employed the use of armed men in order to terrorize the petitioners and to forcibly wrest possession of the land in dispute from the defendants/petitioners who had been occupying the premises where their dwellings are located and in which land they have introduced improvements many decades ago; armed and violent men threatened the life and security of the petitioners when they burned their homes," the petitioners said.
Records showed that the Sansons filed a case for forcible entry with writ of preliminary mandatory injunction before the Municipal Circuit Trial Court (MCTC) of Kalibo seeking to recover from the petitioners the disputed property.
Although the MCTC did not grant the writ, it, however, affirmed the claim of ownership of the couple.
Petitioners appealed the MCTC decision before the RTC which subsequently issued a writ of preliminary mandatory injunction and a writ of demolition in favor of the Sansons.
In questioning the decisions of the MCTC and the lower court, the petitioners argued that the MCTC has no jurisdiction over the case since the assessed the value of the disputed property is at least P100,000.
The petitioners pointed out that under the Rules of Court civil suits involving title to or possession of property where the assessed value does not exceed P20,000 should be heard and decided by MCTC, Metropolitan Trial Court (MTC) and Municipal Trial Courts (MTC).
On the other hand, the RTC has jurisdiction over civil suits involving title to or possession of real property if the assessed value of the subject property exceeds P20,000. (PNA)