Department of Justice(DOJ)

Hi,I'm a daughter of spouses Defendants who were complained by plaintiffs neighbor& a person who wasn't a resident of the land but claimed he has a right on near part of our area. Yr1993, my parents decided to extend construction of the house up til the portion that the seller of rights told my parents is entitled to. After the construction: slabbed of what used to be muddy and sliding going to a creek&roofing,  the plaintiff claimed we blocked the shortest passageway. Writ of Execution was released by RTC but parents had secured the Writ to be set aside. What is the final executory ruling?

July 21, 2020

Dear Charmaine,

Thank you for your request dated Jul 12, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Legal Assistance relative to Civil Case No.93-2741 pendin before RTC Branch 72 Antipolo City.

We received your request on Jul 12, 2020 and will respond on or before Jul 31, 2020 03:40:13 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPSi0zNTQ2MjMyNTYyNTAM, for request with ticket number #DOJ-354623256250.

Thank you.

Respectfully,

Irene Dulin
FOI Officer

Hi Irine, Thank you for acknowledging my request re ticket number #DOJ-354623256250. Further info: My mother told me they appealed the case when the RTC order was against us April ‘94. The appeal was GRANTED three days after former ruling – escalating the case “Abatement of Nuisance” that time at Court of Appeals, April ‘94.
However, June ’94, the counsel for complainants secured Writ of Execution thru the Branch Clerk Court and they seemed to had swiftly effected the writ despite the case pending up on CA.
My parents were able to immediately sought Urgent Motion to Set Aside that Writ upon receiving copy of the Notice. The same Judge of the RTC Br. stated "Deemed for submitted for resolution."
Sometime in July '94, the RTC Br Sheriff enforced the Writ. After they successfully removed parts of the property, my parents sought assistance thru DOJ in '94 because of the confusions of orders effected. My mother said she had been given a TRO for and to be received for to the RTC who issued Writ of Execution whilst the case pending at CA. She was able to provide DOJ the "received" copy by the RTC, but she wasn't able to keep a copy for ourselves.
Now, the rights to the property that was destroyed long time ago was awarded to my father in yr 2000 since at the very beginning, every resident of that portion of land are all informal settlers. As of now, we plan to reconstruct the house to finally make whole again of the forced-halved-house.
A subdivision plan designed in 2013 further supports we may totally close the property now. Sadly, some neighborhood threatens us not to proceed with our plan since they claim "right of way." I told them that’s not a pathway, that’s not the road, coz there’s a main pathway for everybody and our house is the actual dead-end. I remember my parents said that in ’91 or ‘92, it was not a usual pathway of the people because it was a sliding muddy floor which can lead straight anyone through the creek... Until my parents slabbed that floor on the portion distancing from the danger zone, a few neighbors started to complain, and there’s the case instantly filed after the completion of that concreted “dreamhouse” of then young couple. With those facts, I am eager to know if we have all the rights to make a construction and build a wall back again to our old house  - given that our Homeowners Assoc'n is in the middle of processing to secure us MOA from the rightful owner of the land.

30 July 2020



Dear Charmaine Matriz,

Greetings!

Thank you for your request dated 12 July 2020 at 05:55 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.


Your Request

You requested for legal assistance regarding Civil Case No. 93-2741 pending before RTC Branch 72 in Antipolo City.


Response to Request

Unfortunately, your request is disapproved as the same is not covered by Executive Order Number 2, series of 2016. You may, however, 
visit the DoJ Action Center for legal consultation and assistance.  


Your right to request a review.

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Hon. Menardo I. Guevarra, Secretary, Department of Justice, Padre Faura Street, Ermita, Manila. Your review request should explain why you are dissatisfied with this response, and should be made within fifteen (15) calendar days from the date when you have received this letter. We will complete the review and tell you the result within thirty (30) calendar days from the date of receipt of your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.





Respectfully,

FOI Decision Maker
FOI Receiving Officer