Professional Documents
Culture Documents
Court of Appeals, et
al.
G.R. No. 120363
September 5 1997
FRANCISCO, J.:
DESCRIPTION OF THE CASE:
This case is about the land tenancy act and the building of homes
therein.
STATEMENT OF FACTS:
Cecilleville Realty and Services Corporation (Petitioner) is an owner of
a parcel of land in Catmon, Sta. Maria, Bulacan. Ana Pascual (Pascual) is a
tenent of the said land and thus lives within a parcel of land therein. Her son,
Herminigildo Pascual ( Private Respondent), assists her in her duties as a
tenant since she is already of old age and infirm. The respondent does not
live in the home of Pascual, but instead has his own home in the same
portion of land.
Despite the repeated demands of the petitioner for the private
respondent to vacate the land, the respondent refuses to do so since he
helps his mother to tend the land which she is entitled to.
STATEMENT OF THE CASE:
Petitioner instituted an ejectment suit against the private respondent
before the Municipal Trial Court (MTC) of Sta. Maria, Bulacan. The MTC
ordered private respondent to vacate the land and pay the some of P500
monthly from the filing of the complaint.
Private Respondent appealed to the Regional Trial Court (RTC) which
set aside the decision of the MTC and remanded the case to the Department
of Agrarian Reform Adjudication Board (DARAB).
Petitioner moved for reconsideration, but to no avail, hence petitioner
appealed to the Court of Appeals (CA). The CA dismissed the petition since it
was devoid of merit.
Dissatisfied petitioner filed the instant petition for review on certiorari to this
court.
ISSUE: