Parties:

I. Leonie Keith - Belgica - defendant , allegedly obstructs or impedes the

right of way which includes properties of public domain.
Illegal parking and usurpation of a real property.
Their actions have allegedly caused inconveniences to the residence of the
area.
Uses the servient estate owned by the State in the illegal parking.
No proof of ownership of the disputed property.

II. Jaime D. Laoyan et. al - Complainant, represents residents in instituting

an action to enjoin the defendant for continuously obstructing their right of
way.
Riparian owner, and the dominant estate owner.
Local Government of La trinidad, Benguet

Facts:

I. Demand made to the defendant to vacate the disputed property but to no

avail.

II. Barangay settlement for the land dispute was unsettled.

III. Certificate to file action had been issued by the Office of the Lupong
Tagapamayapa.

IV. Request for intervention to the Office of the Mayor of La trinidad had
been made.

V. Photographs of the actual land disputed are included.

VI. A copy of the Court of Appeals decision denying the application of

Bernard Keith for the issuance of Title which includes the disputed property.

VII. Survey Plans and Original Certificate of Titles indicating the disputed
property as public domain. ( encumbrances, deed of sale, donations etc. Etc.)

VIII. Minutes of meeting of residents of City Limit - Agenda is to compel

residents within the area concerned to contribute to the repair and
maintenance of the road right of way.

Remedies and Legal doctrines applicable:

I. Accion Publiciana - Rule 70, dispossession has lasted for more than one
year - Article 487 Civil Code

II. Accion Reivindicatoria - recovery of possession based on ownership with

Writ of Possession

III. Forcible Entry - Rule 70

IV. RA 7279 Section 28 (a) ( Anti-Squatting Law) notice to vacate or
demolish without the need of court order (When persons or entities occupy
danger areas such as esteros, railroad tracks, garbage dumps, riverbanks,
shorelines, waterways, and other public places such as sidewalks, roads,
parks, and playgrounds) GR No. 200903, July 22, 2014

V. Instituting a Criminal Action - Violation of Article 312 of The Revised

Penal Code - Occupation of real property or usurpation of real rights in
property. — Any person who, by means of violence against or intimidation
of persons, shall take possession of any real property or shall usurp any real
rights in property belonging to another.

VI. Regalian doctrine - Jura regalia - all lands of the public domain are
owned by the State

VII. Nominal Complainant - LGU - it is an indespensable party, Jaime

Laoyan et. al may be impleaded as necessary party

Prepared by:

Daniel Patrick Huliganga

Footnotes (sources):
1987 Philippine Constitution
The Revised Penal Code
Rules of Court
New Civil Code
Republic Act 7279
GR No. 200903, July 22,2014