Comment - Unlawful Detainer Terre

Republic of the Philippines
11th Judicial Region

Municipal Circuit Trial Court
Carmen-Sto. Tomas-Braulio E. Dujali
Davao del Norte
RUPERTO LOPEZ, SPECIAL CIVIL CASE NO. 164

Plaintiff
-versus- FOR: UNLAWFUL DETAINER,
DAMAGES, ATTORNEY’S FEE
JAIME PEREZ, CONCESA TERRE
and all persons claiming
rights or interest under them
Defendants
X- - - - - - - - - - - - - - -X
URGENT MOTION FOR CONFERENCE BETWEEN

THE PARTIES AND THEIR LAWYERS IN RE:
DEFENDANTS PLEA FOR JUST COMPENSATION
COMES NOW, Defendants, by the undersigned counsel, unto
the Honorable Court most respectfully state:
PREFATORY STATEMENT
Defendants have devoted many years of their life in the peaceful occupancy
and possession of the disputed land; in fact, they bought the house constructed
thereto from plaintiff’s predecessor-in-interest with the latter’s promise that
should he decide to sell the land, the same will be first offered to the defendants…
Unfortunately, by virtue of this Honorable Court’s Order dated 25 of
September 2018, Defendants are unjustly ordered to surrender the subject
property without any reimbursement or compensation…
Defendants hereby most humbly beg for compassion from this Honorable
Court for the exercise of its equity jurisdiction and consequently grant their
prayer for just compensation before they peacefully vacate…
STATEMENT OF THE CASE
1. This is an action for UNLAWFUL DETAINER initiated by
plaintiff against defendants involving Lot 2376-A-2-B-3-D,
located at Purok 5, Feeder Road 2, Tibal-og, Sto. Tomas,
Davao del Norte, covered by Transfer Certificate of Title
No. T-159757, before the Municipal Circuit Trial Court of
Carmen-Sto. Tomas-B. E. Dujali, Davao del Norte;
2. On 31 August 2006, the court a quo rendered its
decision, the dispositive portion of which states:
“WHEREFORE, judgment is hereby rendered in favor of plaintiff,
Ruperto Lopez, and against defendants, Jaimee Perez, Concesa
Terre, and all other persons claiming rights or interests under them,
ordering defendants to:
URGENT MOTION FOR CONFERENCE Page 1

1. Vacate the subject premises covered by TCT No. T-159757
registered in the name of plaintiff;
2. Pay plaintiff the amount of Three Hundred (₱300) Pesos per
month as reasonable compensation for the use and occupation of the
premises, starting from October 2005 until possession thereof is
surrendered to plaintiff;
3. pay plaintiff the amount of Fifteen Thousand (₱15,000.00)
Pesos as attorney’s fees; and
4. pay the costs of suit.
SO ORDERED.”
3. Aggrieved by the aforementioned ruling, petitioners
appealed from the said Decision to Branch 4 of the Regional
Trial Court (RTC) of Panabo City, which court affirmed in
toto the findings of the MCTC;
4. Still undaunted, defendants filed a Petition for Review
under Rule 42 of the Rules of Court assailing the RTC’s
decision dated 29 June 2007, which affirmed in toto the
MCTC’s decision;
5. On 25 September 2018, this Honorable Court issued an
Order, ordering the defendants to remove the improvements on
the land subject of this case within ten (10) days from
receipt of such order; hence, this Manifestation;
ARGUMENTS
(Reasons and arguments relied upon for the payment of just compensation)
6. Defendants hereby reiterate their stand that they are

willing to obey the order of this Honorable Court and
peacefully vacate the subject land on the condition that
they are paid just compensation based on the present market
value of their house and improvements constructed on the
land subject of this case;
a. On 1 October 1991, plaintiff’s predecessor-in-
interest executed a deed of conveyance over that
house constructed on Lot 2376-A-2-B-3-D in favor of
Defendant Terre Concessa; (attached herewith is copy of the Deed
of Sale and made an integral part of this Motion)
b. Considering that there is factual and evidentiary
evidence to prove that the subject house and the lot
on which it stands are separately owned by defendants
and plaintiff, then it shall be treated separately;
thus, the legal principle on accession that the
“accessory follows the principal” does not apply in this case;
7. Defendants’ right to just compensation/reimbursement is
predicated on the following:
a. that they are the owners of that house constructed on
plaintiff’s land covered under TCT No. T-159757;
b. that vacating without payment of just compensation
would constitute unjust enrichment in favor of the
plaintiff and to the prejudice of herein defendants;
c. that this Honorable Court is also a court of equity
such that it may decide this instant case in
accordance with the fundamental principles of
justice, fair play and good conscience.
PRAYER
WHEREFORE, in light of the foregoing, it is respectfully prayed
of this Honorable Court to hold in abeyance the issuance of an Order
of Demolition pending resolution of this instant Motion.
Other relief and remedies that are just and equitable under the
premises are likewise prayed for.
Tagum City, Davao del Norte (for Panabo), Philippines, this 14 th
day of October, 2018.
Respectfully Submitted.
CONCESA TERRE
Defendant
Assisted by:
ATTY. JONATHAN P. UY
Defendant’s Counsel
Second Floor, Pereyras Building,
Pioneer Avenue, Tagum City, DDN
MCLE 6th Cycle Compliance under process
PTR No. 881758 | IBP OR # 0989174
Roll No. 67339 | TIN 452-694-284
[email protected]
Copy furnished:
ATTY. JULIAN SORIANO, JR.

Counsel for plaintiff
J.P. Laurel St. Pob.
Panabo City

NOTICE OF FILING AND HEARING
THE CLERK OF COURT

MCTC
Panabo City
Greetings!
Kindly file the foregoing URGENT MOTION FOR CONFERENCE

BETWEEN THE PARTIES AND THEIR LAWYERS IN RE: DEFENDANTS
PLEA FOR JUST COMPENSATION for the consideration and approval of the
Honorable Court, with or without appearance of counsel, immediately upon your
receipt hereof; corollary please set the hearing thereof preferably on 26 October
2018 or at any date convenient to the Honorable Court.
ATTY. JONATHAN P. UY
Counsel for the Defendant
Second Floor, Pereyras Building,
Pioneer Avenue, Tagum City, DDN
MCLE COMPLIANCE ON GOING; exempt in the meantime
for recently passing the 2016 Bar Exam
PTR No. 881758 | IBP OR # 0989174
Roll No. 67339 | TIN 452-694-284
Tel. No. (084) 216-1196
Email address: [email protected]
Copy furnished:
ATTY. JULIAN SORIANO, JR.

Counsel for plaintiff
J.P. Laurel St. Pob.
Panabo City
Explanation: This has been served through registered mail to the Complainant
due to distance and time restraint and lack of personnel.

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Republic of the Philippines

11th Judicial Region

RUPERTO LOPEZ, SPECIAL CIVIL CASE NO. 164

URGENT MOTION FOR CONFERENCE BETWEEN

URGENT MOTION FOR CONFERENCE Page 1

6. Defendants hereby reiterate their stand that they are

ATTY. JULIAN SORIANO, JR.

URGENT MOTION FOR CONFERENCE Page 3

THE CLERK OF COURT

Kindly file the foregoing URGENT MOTION FOR CONFERENCE

ATTY. JULIAN SORIANO, JR.

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