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PEOPLE v. JAMES PATANO Y MARCAIDA

This case has been cited 1 times or more.

2007-08-02
CORONA, J.
Complainants are the registered owners of lot no. 1029, a 4,048 sq. m. parcel of land situated in Capitol Hills, Cebu City.[3] They filed an ejectment case against the "settlers" occupying the lot sometime in 1997.[4] The case was filed in the Municipal Trial Court in Cities (MTCC), Cebu City, Branch 1, docketed as civil case no. 38130. In April 1998, the MTCC rendered a decision in favor of complainants, ordering defendant "settlers" to vacate the lot. On appeal to the RTC of Cebu, the decision was affirmed.[5] Hence, in January 1999, the MTCC issued a writ of execution. In February 1999, this was followed by an order for the demolition of certain structures of the "settlers" who refused to leave.