This case has been cited 1 times or more.
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2015-06-17 |
MENDOZA, J. |
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| Spouses Ocial alleged in their complaint[5] that on March 13, 2001, the heirs of Juana executed the Extrajudicial Settlement Among Heirs with Simultaneous Deed of Absolute Sale over Lot 56-A including two (2) fruit bearing mango trees in their favor as lawful vendees; that as the new owners of the subject land, they caused the planting of thirty (30) gemelina seedlings, twenty (20) mahogany seedlings, and two (2) mango seedlings, and in October 2001, they claimed the landowner's share of the mango produce from Maximo Bolongaita who had been taking care of the two (2) fruit-bearing mango trees; that in October 2001, they caused the placement of a "no-trespassing" sign on one of the mango trees; that they also caused the processing of the Deed of Extrajudicial Settlement Among Heirs with Simultaneous Sale for the cancellation of Tax Declaration No. 93-009-00247 and the issuance of a new tax declaration in their favor; that in June 2001, the Fudalans, without any lawful right or authorization, surreptitiously planted "ubi" on a portion of Lot No. 56-A and they also claimed the landowner's share of the mango produce from Maximo Bolongaita who refused to give the same and instead deposited the amount in a bank in Tagbilaran City; that in November 2001, the Fudalans illegally placed two "no-trespassing" signs inside the questioned property; that for this reason, they complained to the barangay captain of Tangnan, Panglao, Bohol, who conducted conciliation proceedings on November 14 and 29, 2001; that no settlement was reached between the parties; that the Office of the Lupong Tagapamayapa later on issued the Certification to File Action; and that they learned that on December 14 and 15, 2001, while the Lupong Tagapamayapa had not yet issued the required Certification to File Action, the Fudalans unjustifiably caused the installation of a fence consisting of barbed wires with cemented posts around Lot No. 56-A, without the necessary permit from the barangay captain of Tangnan and the municipal officials of Panglao, Bohol.[6] | |||||