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Need Advice on Ejectment Case Pending

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1 Need Advice on Ejectment Case Pending on Fri Oct 21, 2011 2:44 pm


Arresto Menor
Just to summarized the fact on the case, we are the complainant who filed an ejectment against the Seller of a Property who did not want to vacate the premises and claim that we have not paid them in full.

We purchased the property through a DOA and the title got transferred to our name, the problem is the title came to have an annotation with Adverse Claim, we are not aware of the adverse claim until we have transferred the title to our name meaning the adverse claim is not existing before the transfer.

Main problem is we filed an ejectment, went to numerous hearings from MTC, they didn't appear on the first trial, we won the case but they filed motion to inhibit the judge then the judge inhibited her self and the case was reraffled to another MTC and then again went to numerous hearing until the judge issued a writ of execution but was hampered when the sheriff said they can't continue yet with implementation because the defendant filed a motion, it was hampered until again numerous pleadings from the defendants then they filed a petition for certiorari with TRO and Prel. Injuction which was granted by the RTC.

After exhaustive hearing from RTC on christmas season, the judge denied the certiorari for lack of merit.

the case was then returned to MTC again, when about to implement the writ the defendant filed numerous motion hampering the implementation, we wonder why this corrupt sheriff is always saying we can't continue to implement since they filed a motion and it needs to be resolved. UNtil such time that the judge was inhibited as well by the defendant.

The case was forwarded to another MTC then they filed a Motion for Recon to the RTC denying the certiorari, but then again it was denied for lack of merit.

We are always the prevailing party but was deprived of the fruits of our victory, we are just very lenient and following the procedures and due process.

Then now, they filed a Notice of Appeal to the RTC after denying their Motion to Recon. while the Ejectment on MTC is still pending after we filed a Motion to Implement Writ of Execution last July 2011 waiting for the decision of the MTC Judge since they all know that the case is already final and executory.

Even the defendant know that they have failed to file an appeal and they just used the certiorari as a remedy for their lost appeal they still wanted to show the Court of Appeals that their notice of appeal to the RTC is an ordinary appeal and the decision of the RTC is appealable and the pending ejecment on MTC should not be implemented yet on the grounds that they have filed to the CA a Certiorari on Appeal.

Sorry for my bad english. . .mahaba kasi kapag tinagalog, so ano po ba ang maipapayo nyo sa amin para maeject sila at hindi na mahamper pa ang implementation ng writ of execution?

Nagfollow up kami sa MTC about MOtion to implement the writ of execution pero wala pa daw mag3months na after maghearing sa motion.

sa CA naman pinagsusubmit lang kami ng memorandum. Pero sabi naman ng atty namin pwede naman ng iimplement ng MTC yung kasi nga Final and Executory na kahit may pending na appeal pa.

Gusto ko lang po humingi sa inyo ng payo ano pa ang pwede namin gawin nahihirapan kasi ang atty namin dahil magisa lang siya at ang kalaban namin law firm na taga-Makati at magagaling daw talaga.

ang gusto lang namin maimplement na ang writ asap. para maging moot and academic na daw ang anumang appeal nila.

second problem namin kung maejected na sila is yung Adverse Claim annotation sa title naman ang papalinis namin kasi utang iyon ng seller at naghabol lang ang inutangan nila dun sa property dahil may pirmahan silang deed of mortgage. nabili na naman ang property at hindi naman namin pagkakakutang yun sa adverse claimant.

thank you

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2 Re: Need Advice on Ejectment Case Pending on Fri Oct 21, 2011 6:58 pm


Arresto Menor
sir/ma'am, nasa court na pala yan, so ang labanan na dun is through your lawyer (or lawyers). in other words, pagalingan na lang ng lawyer ang laban. maybe you should look into adding another lawyer, or taking a chance on a new lawyer na "maybe" mas magaling kesa sa current lawyer nyo. that's just my opinion.

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3 Re: Need Advice on Ejectment Case Pending on Sat Oct 22, 2011 8:01 am


it doesn't seem that your lawyer is being negligent. it is really better to direct these questions to him because he has better understanding of your case.

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4 Re: Need Advice on Ejectment Case Pending on Sat Oct 22, 2011 10:33 am


Arresto Menor
ok atty, thanks po sa advice nyo, one more question na lang kasi our lawyer said we can not file another motion yet until the pending motion to implement the writ of execution is not yet resolved, is it normal? Makukulitan ba ang court kung magfile kami ulit ng motion or pwede naman yun?

at ano ba ang maximum reglementary period na allowed sa mga court para decisionan or iresolve ang motion na ifinile? kapag ka ba lumampas sa period na yun may dapat ba kaming gawin para icomplaint bakit ang tagal ng resolution o shall we doubt na baka dinedelay nila ang case dahil we all know sa ating court ay uso pa din ang corruption anybody can be an instrument in bribery? or normal lang na tumagal ng ilang months ang resolution sa motion? kasi submitted for resolution na raw eh kaso hanggang ngayon wala pa yung order kung pwede na ba iimplement yung writ o dinedelay para makalusot ang kalaban dahil may pending appeal na?

Nagiisip tuloy kami na baka nalalakad o dinadaan sa palakasan ng impluwensiya ang mga korte ng kalaban namin kasi ejectment lang tumagal ng mag4 years na ang case hindi pa maexecute ang writ? eh final and executory na 2009 palang.

Una, napansin namin hesitant ang sheriff to execute the writ kesyo daw sabi ni judge wag muna daw kasi may pending motion, tapos tinagalan nila ang pagresolve ng motion ng lawyer namin hanggang sa nakakuha tuloy ng tyempo ang kalaban na magfile ng certiorari sa RTC eh di na hold in abeyance lang yung execution tapos napalipat lipat sa ibang korte dahil sa inhibition.

Tapos this time parang ganun din ah, ang tagal iresolve ang motion sa ejectment to implement the writ eto na naman nakakuha na sila ng tyempo magfile ng cetiorari naman sa court of appeals, mukhang laging nagaantay ang mga judges na makaappeal sila eh matagal na nga dapat pwede na nila iexecute ang writ. I am really doubting sa integrity na ngayon ng mga korte natin sa pinas.

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