This case has been cited 1 times or more.
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2013-07-17 |
PERLAS-BERNABE, J. |
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| Petitioner Philippine Tourism Authority (now Tourism Infrastructure and Enterprise Zone Authority) (petitioner) is the owner of the subject property and other parcels of land located in Brgy. Basdiot, Moalboal, Cebu since February 12, 1981 when it bought the same from Tri-Island Corporate Holdings, Inc. (Tri-Island).[4] It had then been in actual, physical, continuous, and uninterrupted possession of the subject property and had declared the same for taxation purposes. Sometime in 1997, however, respondents Pedro Tapales, Luis Tapales, Romeo Tapales (Tapaleses), and Sabandal-Herzenstiel (respondents) by force, strategy and stealth entered into the 2,940 square meter portion of the subject property, on which they proceeded to cut down some coconut trees, introduced improvements and fenced the area. Petitioner made demands to vacate, the last of which was through a letter[5] dated January 5, 1998, which respondents ignored, prompting the filing of a forcible entry complaint[6] against them before the 12th Municipal Circuit Trial Court of Moalboal-Alcantara-Badian-Alegria, Cebu (MCTC), docketed as Civil Case No. 118, on March 18, 1998. | |||||