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07 July 2006

EQUITABLE PCI BANK


Equitable PCI Bank Towers
Makati Avenue, Makati City
1200
Attention: ATTY. PAULINO L. YUSI
Re: Filing of an Ejectment Case against Illegal Occupants
at Megaheights Subd., Phase 2, Gusa, Cagayan de
Oro City
GENTLEMEN:
Thank you for referring the matter regarding the illegal dwellers
of the property of the bank located at Megaheights Subdivision, Phase
2, Gusa, Cagayan de Oro City.
Upon initial study of the cases you referred to us, the following
are the recommendations and suggestions of the law office with
respect to the legal actions that we may institute.
ACTIONS TO FILE
There are actually two remedies available to you in the present
controversy, as the main controversy delves mainly on the issue of
possession, namely:
A. ACTION FOR UNLAWFUL DETAINER (Ejectment Case)

This is an action that falls within the rules of Summary


Procedure and within the jurisdiction of the Municipal
Trial Court.
Our main position in the case will be that the entry of the
defendants in the property was with tolerance right from
the date and fact of entry.
Our period to institute this present action is within ONE
(1) YEAR from the last demand to vacate, as there is an
implied promise on his part to vacate upon demand

(possession of the defendant being by mere tolerance) 1.


The status of such a defendant is analogous to that of a
tenant or lessee the term of whose lease has expired
but whose occupancy is continued by the tolerance of
the lessor2.

Advantages are:
1. In theory, cases are resolved faster as it falls under
the rules on summary procedures; and
2. Lesser expense.

Disadvantage:
1. Based on experience in the practice here in
Cagayan de Oro City, cases in the Municipal Trial
Courts Level take longer than expected. We have
cases of this nature that are still awaiting judgment
even after the lapse of three to four years from the
time the same were instituted.

B. ACTION FOR RECOVERY OF POSSESSION (ACCION


PUBLICIANA)

This is an action for the recovery of possession of a real


property, and it falls within the jurisdiction of the
Regional Trial Court.
The main issue in this case is who has the right to the
lawful possession of the property.
Our period to institute this present action is with TEN
(10) YEARS from the time possession was taken from
the lawful owner.
Advantages are:
1. Case is likewise simple as it deals only with the issue
on possession.
2. Based on experience in the practice here in Cagayan
de Oro City, cases in the Regional Trial Courts Level,

1
2

Yu versus De Lara, G.R. No. L-16084, November 30, 1962.


Vda. De Cachuela vs. Francisco, G.R. No. L-31985, June 25, 1980.

with simplified issues, are resolved faster than cases


in the MTC Level.

Disadvantages:
1. Relatively of higher expense.
2. There is, likewise, a chance this case might take
longer to resolve as it follows the procedures in
regular cases.

For these cases, we would appreciate if we can have answers


to the following initial queries:
1.

What are the full names of illegal occupants of the


properties in Megaheights Subdivision? Complete
with the complete names of their spouses, if married.

2.

When did they start occupying the houses in


Megaheights?

3.

Was their occupation with the knowledge and


consent of the bank and/or the previous owners?

4.

Was there any agreement between the illegal


occupants and the previous owners regarding their
stay in the units?

5.

Was there any agreement between the illegal


occupants and the bank regarding their stay in the
units?

May we just request for your office to prepare the necessary


authority, giving power to your branch manager here in Cagayan de
Oro City, to institute the proper cases and represent the interest of the
bank in these cases.
We hope that this will be of proper guidance and aid to you in
deciding which remedies you would want us to pursue in addressing
your legal concerns. We are always ready to hear from you and
entertain any of your queries on the matter.
Very truly yours,
MARIA CARIDAD SAN JOSE

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