Alternative Classroom Learning Experience Letter to Ms. Anastacio
Anastacio Tuballa Heirs
4
ANASTACIO TUBALLA HEIRS, namely: JULIANA TUBALLA, AGUSTIN TUBALLA, and HERMAN TUBALLA, petitioners, vs. RAUL CABRERA, ET AL., respondents. R E S O L U T I O N VELASCO, JR., J.: This is a Petition for Review on Certiorari under Rule 45 which seeks to correct the Order dated January 3, 2006 of the Regional Trial Court (RTC), Branch 36 in Dumaguete City, Negros Oriental, and to direct its Judge to correct the transposition of the digits 6 and 5 in both the dispositive portions of the Court of Appeals (CA) Decision dated October 25, 2002 and the RTC Decision dated September 30, 1994 to conform to Lot No. 5697 as described in the Complaint and the evidence, that is, the Original Certificate of Title (OCT) No. FV-16880. On June 21, 1991, Anastacio Tuballa filed a Complaint against Cabrera Enterprises, Incorporated (Cabrera Enterprises), for Recovery of Possession of a parcel of sugar land. Tuballa is the registered owner of Lot No. 5697 with an area of 11.0337 hectares located in Bondo, Siaton, Negros Oriental, covered by Free Patent No. 544264 granted on September 28, 1973 and by OCT No. FV-16880 dated October 11, 1974. Tuballa and his predecessors-in-interest had been in possession and occupation of the land since time immemorial. It was Tuballa who invested time, resources, and effort to convert the public land into private ownership. Sometime in 1982, the men employed by Cabrera Enterprises intruded into the subject land without Tuballa's consent. The laborers of Cabrera Enterprises did not heed Tuballa's protestation and admonition, prompting him to make several attempts to accost the manager of Cabrera Enterprises but to no avail, as the manager either was always out of office or refused to meet Tuballa. On September 30, 1994, the RTC rendered a Decision, 1 the dispositive portion of which reads: WHEREFORE, judgment is hereby rendered: 1. Ordering the defendant corporation, Cabrera Enterprises Incorporated to vacate Lot No. 6597, Pls-659-D and turn over the possession of the same to the plaintiff Anastacio Tuballa;
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Transcript of Anastacio Tuballa Heirs
ANASTACIO TUBALLA HEIRS, namely: JULIANA TUBALLA, AGUSTIN TUBALLA, and HERMAN TUBALLA, petitioners, vs.RAUL CABRERA, ET AL., respondents.R E S O L U T I O NVELASCO, JR., J.:This is a Petition for Review on Certiorari under Rule 45 which seeks to correct the Order dated anuary !, "##$ of the Re%ional Trial Court &RTC', (ranch !$ in )uma%uete City, *e%ros Oriental, and to direct its ud%e to correct the transposition of the di%its $ and 5 in +oth the dispositive portions of the Court of ,ppeals &C,' )ecision dated Octo+er "5, "##" and the RTC )ecision dated -eptem+er !#, .//4 to conform to 0ot *o. 5697 as descri+ed in the Complaint and the evidence, that is, the Ori%inal Certificate of Title &OCT' *o. 123.$44#.On une "., .//., ,nastacio Tu+alla filed a Complaint a%ainst Ca+rera 5nterprises, 6ncorporated &Ca+rera 5nterprises', for Recovery of Possession of a parcel of su%ar land. Tu+alla is the re%isteredowner of 0ot *o. 5$/7 with an area of ...#!!7 hectares located in (ondo, -iaton, *e%ros Oriental, covered +y 1ree Patent *o. 544"$4 %ranted on -eptem+er "4, ./7! and +y OCT *o. 123.$44# dated Octo+er .., ./74. Tu+alla and his predecessors3in3interest had +een in possession and occupation of the land since time immemorial. 6t was Tu+alla who invested time, resources, and effort to convert the pu+lic land into private ownership.-ometime in ./4", the men employed +y Ca+rera 5nterprises intruded into the su+8ect land without Tu+alla9s consent. The la+orers of Ca+rera 5nterprises did not heed Tu+alla9s protestation and admonition, promptin% him to make several attempts to accost the mana%er of Ca+rera 5nterprises +ut to no avail, as the mana%er either was always out of office or refused to meet Tu+alla. On -eptem+er !#, .//4, the RTC rendered a )ecision,. the dispositive portion of which reads::;5R51OR5, 8ud%ment is here+y rendered:.. Orderin% the defendant corporation, Ca+rera 5nterprises 6ncorporated to vacate 0ot *o. $5/7, Pls3$5/3) and turn over the possession of the same to the plaintiff ,nastacio Tu+alla
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