Documente Academic
Documente Profesional
Documente Cultură
0189-A
17, 2003 of the Court of Appeals (CA) in CA-G.R.
SP No. 71510 which dismissed his petition A parcel of land
covered by Tax Declaration
for certiorari filed therewith. No. GR-10-002-0189-A,
situated in Buhangin,
Butuan City, containing an
The factual and procedural antecedents are as area of 2.1600 HAS., more
or less. Bounded on the
follows:
North Elisa Busa, South -
Petitioner Alfredo Bokingo is one of the Pastor Ago, East Ho. Miguel
defendants in the complaint for injunction and Bokingo and on the
West Baan River.
damages filed by Ernesto Campos, the Heirs of
Celestino 8. When plaintiffs knew of defendants
Busa, the Heirs of Felicidad Busa-Panal and the
[2] [3] application, plaintiffs filed a protest
against defendants application
Heirs of Concordia Busa. The complaint was filed
[4]
on February 5, 1996. Attached as Annex A
with the Regional Trial Court (RTC) of Butuan City, is the Protest;
Branch 3 thereof, and docketed as Civil Case No.
9. On November 24, 1998, the Provincial
1003. The complaint alleged as follows: Environment and Natural Resources
Officer, HUGO I. BAOSIA, resolved the
CAUSE OF ACTION Protest in favor of Plaintiffs-the
protestant in the DENR case. Attached as
Annex B is the order;
defendants, told the survey group to stop
10. On January 6, 1999, the Provincial and not to enter the area subject matter
Environment and Natural Resources of this case. Attached as Annex F is the
Officer, HUGO T. BAOSIA, issued a report of CENRO Officer who [was]
certification stating that the order present during the November 18,
dated November 24, 1998 has become 1999 survey which was stopped by SPO3
final and executory. Attached as Annex C FERDINAND B. DACILLO and ALFREDO
is the machine copy of the Certification; BOKINGO;
11. On September 9, 1999, the same DENR 15. Plaintiff[s] availed of the Barangay Justice
Officer HUGO T. BAOSIA issued an Order System to resolve the controversy
of Execution which states that: regarding the survey but to no avail,
defendants still refused to allow plaintiffs
In complying herewith, to survey the area. Thus, a Certificate to
the Land Management File Action was issued by the Lupong
Officer III concerned should Tagapamayapa. Copy of the same is
be instructed to set forth hereto attached as Annex G;
the whole proceeding in
writing signed by the 16. The defendants did not exercise honesty
parties and witnesses, if and good faith in their acts which is a
possible, submit and return violation of Article 19 of the New Civil
to this Office within sixty Code, and which entitles the plaintiffs for
(60) days from receipt damages;
hereof, to be used as
evidence should it be 17. The acts of defendants constrained the
necessary to institute any plaintiff[s] to litigate and to incur
action, criminal or attorneys fees in the amount of
otherwise, against any PhP10,000.00 plus litigation expenses
party who may refuse to estimated at PhP10,000.00.
obey the same.