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  • Villacastin Vs Pelaez

    Enviado por

    Tammy Yah
    16 visualizações1 página
    This case involved a dispute over possession of agricultural lands that were mortgaged, foreclosed on, and sold at public auction. The tenants of the land filed an action to annul the sale. They also filed a complaint for forcible entry, claiming ownership. The municipal court ruled in favor of the petitioners. However, the Court of Appeals set aside the lower court decisions, finding that the agrarian reform adjudicator had primary jurisdiction over cases involving agricultural lands. The Court of Appeals respected the jurisdiction of the agrarian reform body to determine matters relating to possession and ownership of tenanted agricultural lands.

    Descrição original:

    VILLACASTIN

    Título original

    Villa Cast In

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    This case involved a dispute over possession of agricultural lands that were mortgaged, foreclosed on, and sold at public auction. The tenants of the land filed an action to annul the sale. They also filed a complaint for forcible entry, claiming ownership. The municipal court ruled in favor of the petitioners. However, the Court of Appeals set aside the lower court decisions, finding that the agrarian reform adjudicator had primary jurisdiction over cases involving agricultural lands. The Court of Appeals respected the jurisdiction of the agrarian reform body to determine matters relating to possession and ownership of tenanted agricultural lands.

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato DOCX, PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    16 visualizações1 página

    Villacastin Vs Pelaez

    Enviado por

    Tammy Yah
    This case involved a dispute over possession of agricultural lands that were mortgaged, foreclosed on, and sold at public auction. The tenants of the land filed an action to annul the sale. They also filed a complaint for forcible entry, claiming ownership. The municipal court ruled in favor of the petitioners. However, the Court of Appeals set aside the lower court decisions, finding that the agrarian reform adjudicator had primary jurisdiction over cases involving agricultural lands. The Court of Appeals respected the jurisdiction of the agrarian reform body to determine matters relating to possession and ownership of tenanted agricultural lands.

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato DOCX, PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 1

    VILLACASTIN vs PELAEZ - MCTC AND RTCS DECISIONS WERE

    SET ASIDE.
    *Conflict of jurisdiction between the DARAB
    and the regular courts. - COMPLAINT FOR FORCIBLE ENTRY
    WAS DISMISSED.
    - Sps. Pelaez mortgaged their agri lands to
    DBP. - CA DENIED THE MR.
    - Sps. Failed to pay; properties were - Petitioners argued that the case did not
    foreclosed and sold at public auction. involve any agrarian matter, thus, MCTC has
    jurisdiction to hear and decide the case.
    - An action to annul the mortgage,
    foreclosure and sale of the subject properties - Respondent argued that the lands in
    was filed by the tenants of the property question are tenanted agri lands which falls
    (claiming owners of the property under PD under the DARABs jurisdiction.
    27).
    - When DARAB declared the foreclosure and
    - A complaint for Forcible Entry with Prayer the public sale of the subject property null
    for a Writ of Prelim Mandatory Injunction and void, petitioners complaint for forcible
    against respondent and Elesio Monteseven entry had lost its legal basis.
    was filed by petitioners claiming that they
    - Petitioners maintained that the tenants
    are the owners and actual possessors of the
    were not parties to the forcible entry case.
    subject landholding; that they were
    unlawfully deprived of possession thereof by - Respondent raised the defense of
    defendants who entered the property ownership.
    through stealth and strategy.
    - JURISDICTION OVER THE SUBJECT MATTER
    - Pelaez countered that the foreclosed IS DETERMINED BY THE ALLEGATIONS OF
    property was owned by him; that petitioners THE COMPLAINT.
    acquired said property when it was sold by
    DBP through public auction; that petitioners - Allegations in the complaint clothed the
    failed to apply for writ of possession; that he MCTC with jurisdiction to hear and decide the
    redeemed the property on March 3, 1988 and present case.
    reacquired possession of the same. - No landowner-tenant was alleged between
    - PROVINCIAL AGRARIAN REFORM the parties.
    ADJUDICATOR (CEBU) RULED IN FAVOR OF (DARAB jurisdiction for the determination and
    THE TENANTS. adjudication all agrarian disputes.)
    - DARAB AFFIRMED SAID DECISION. REGULAR COURTS HAVE JURISDICTION OVER
    - MCTC RULED IN FAVOR OF PETITIONERS POSSESSORY ACTIONS INVOLVING PUBLIC OR
    (VILLACASTIN). PRIVATE AGRI LANDS TO DETERMINE THE
    ISSUE OF PHYSICAL POSSESSION.
    - RTC CEBU AFFIRMED MCTCS DECISION.
    - CA RULED THAT PRIMARY JURISDICTION OF
    DARAB OVER CASES INVOLVING
    AGRICULTURAL LANDS SHOULD BE
    RESPECTED BY REGULAR COURTS.

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