Republic of the Philippines Court of Appeals Manila City

MAI GANADEN, Defendant-Petitioner, -versusCIVIL CASE NO. L-00001 For: Ejectment

RICO CASTILLO, Plaintiff-Respondent. x-------------------------------------------------------------------------x

MEMORANDUM

COME NOW PLAINTIFF-RESPONDENT, through the undersigned counsel, unto this Honorable Supreme Court most respectfully submit and present this Memorandum in the above-titled case and aver that:

THE PARTIES

1. Plaintiff-Respondent Rico Castillo (hereinafter referred to as Castillo) is of legal age, single, and residing on #47c, Kanlaon St., Quezon City, where he may be served with legal processes and notices issued by this Honorable Court; 2. Defendant-Petitioner Mai Ganaden (hereinafter referred to as Ganaden) is of legal age and residing on 123 Binibini Street, Cavite City, and may be served with legal processes and other judicial notices thereto.

I. PROCEDURAL BACKGROUND

1. On August 30, 2006 herein Castillo filed a Complaint for Ejectment dated August 28, 2006 against Ganaden; 2. On September 10, 2006, an Answer dated September 3, 2006 was filed by the Ganaden;

3. On September 3, 2007, a Decision was rendered by Branch 1 of Municipal Trial Court in Cities of Cavite City in favor of Castillo; 4. On December 10, 2007, an Appeal filed November 5, 2007, by Ganaden through legal counsel was denied by Judge Juan Dela Cruz of Branch 10 of the Regional Trial Court of Cavite City; 5. On January 15, 2008, a Motion for Reconsideration dated January 5, 2008 was filed to the Regional Trial Court of Cavite City; 6. On June 29, 2008, a Motion for Reconsideration filed April 20, 2008 by Ganaden through legal counsel was denied by Judge Dukes Duque of Branch 1 of the Regional Trial Court Cavite City; 7. On January 30, 2009, a Petition for Review dated January 9, 2009 was filed to the Court of Appeals by Ganaden;

II. FACTUAL BACKGROUND

8. Castillo seeks that a parcel of land designated as Lot. No. 2-C, covered by TCT no. 859 situated in Cavite City be returned to her possession, but due to Ganadens occupancy there, the former cannot claim possession which left her with the option of residing at 47c, Kanlaon St. Quezon City. It is noteworthy to stress that Castillo is the registered owner of the land subject under TCT No. 859 of the Registry of Deeds of Cavite City. The property was sold to them by the now deceased original owner, Ej Saludo; 9. Ganaden, on the other hand, is an alleged lessee of the original owners of the land since September 1960. They had repeatedly assailed the ownership of the herein Castillo;

10. Due to the foregoing failure to claim the parcel of land attributed to the obstinate refusal of the Ganaden, Castillo was compelled to hire the services of a legal counsel to commence the enforcement of ejection under the wings of the courts of law.

III. ISSUES OF THE CASE

A.) WHETHER THE HONORABLE TRIAL COURT ACTED CORRECTLY IN DECIDING THIS UNLAWFUL DETAINER ACTION ON THE BASIS OF THE EVIDENCE OF OWNERSHIP AFTER GANADEN HAD RAISED IN DEFENSE THAT THE OWNER OF SAID PROPERTY IS THE DAUGHTER OF SONNY AGUSTIN, BLESILDA TINGSON

IV. ARGUMENTS A.) The court committed no error in deciding that an unlawful detainer action be enforced upon Ganaden despite the assailed contention of the former that said land belongs to Blesilda Tingson

V. DISCUSSION

A.) It is necessary to emphasize that the Castillo is the bona fide owner of the parcel of land Designated as Lot. No. 2-C, situated in Cavite City under TCT No, 859 of the Register of Deeds of Pasay City. In the Philippines, the presentation of a valid certificate of title of the real property is a conclusive evidence of ownership of the person whose name the certificate of title is entitled to.Under Section 47 of the Land Registration Act, or Act No. 496, it provides that the original certificates in the registration book, any copy thereof duly certified under the signature of the clerk, or of the register of deeds of the province or city where the land is situated, and the seal of the court, and also the owners duplicate certificate, shall be received as evidence in all the courts of the Philippine Islands and shall be conclusive as to all matters contained therein except so far as otherwise provided in this Act.Recognized jurisprudence also uphold the significance of a certificate of title in proving validownership of a land. PRAYER WHEREFORE, premise considered, it respectfully prayed for that this Honorable Court of Appeals that Ganadens prayer for writ of injunction be DENIED for having no cause of action and the petition DISMISSED for being clearly unmeritorious. Other just and equitable relief under the foregoing are likewise being prayed for. Respectfully submitted. Cavite City for Manila City, Philippines. January 30, 2010.

LEGAL MEMORANDUM

Submitted to:

JUDGE HAROLD CESAR C. HULIGANGA

By:

Kitem Duque Kadatuan Jr. 2013 109 789