Please help me.
I purchased an acquired asset property from Pag-ibig Fund via housing loan that was taken out last August 2009. I failed to take over the property because it is occupied by the previous owner and they refused to vacate the said property. I went to Pag-ibig to seek for assistant around June 2010 and they promised to provide us assistance in filing case against the previous owner. Since then, I have no idea about their action in spite of the fact that I was making follow-up mostly every two months.
Last month I desperately emailed them asking for the real status of the case and cc to Pag-ibig Public Affairs.
This is what they replied to me:
"This is with reference to your query on the status of the acquired asset property
you purchased from the Fund which at present is under litigation in court ..
Please be informed that the. delay in your case is brought about by the
schedulinq by the court of its cases. For your information, your case was
originally filed on June 9, 2011. However, for almost two years, there have been lack of regular presiding judge for the courts of Malaybafay City and many of the cases were either held pending or subsequently reset to future dates for hearing.
As to your Information that the tirneline for the eviction of illegal occupants: the
one (1) year period you mentioned covers only ejectment cases and it is not a timelme but a period within which one may file a case against the occupant. The case filed against the occupant is not one for ejectment but for a different civil case.
The case filed against the occupant,is for revival of Judgment under Rule 39, Section 6 of the Revised Rules on Civil Procedure. This case is essentially a petition' to revive a judqment already issued by Regional Trial Court, last August 2005 which is already final and executory against said occupant. The present case is pending before Regional Trial Court.
Lastly, we wish to clarify that the case was filed by Pag-IBIG Fund in its own
name and not under your name, thus there is no need for you to hire a lawyer
nor you are required to pay any amount The litigation discount that you waived
is already sufficient enough to defray the expenses of the case.
Hopinng this will clarify the matter in your letter."
My question Attorney:
1. Why they need to revive the case when according to their letter, a judgment already issued by RTC last August 2005 which is already final and executory against the illegal occupant?
2. Is it possible to use the said judgment by RTC to file for ejectment?
3. Why they filed a petition for revival under Pag-ibig name and not under my name since it was already sold to me?
Thank you attorney for your time reading my letter. I just really need your help about this case. May God Bless You!