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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
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
