The rule in Philippine law says that when someone asks the court to dismiss a case for lack of reason, they are considered to have accepted everything written in the complaint, no matter what defenses they raise. This rule was applied in the case involving Chito.
The problem was about a vacant lot in Tala Estate Subdivision, Quezon City, which Chito and his helpers were using as a jeepney terminal. CR Realty filed a case in the Quezon City Court on March 16, 1994, asking for damages and to stop Chito from using the lot. CR Realty said the lot 68 was theirs, that Chito was using it without permission, trying to fence it, stopping them from entering and destroying structures. They wanted Chito to stop using the lot and asked for P650.00 per day for lost income, plus damages and lawyer fees.
Chito replied that the lot 90 was actually part of his property. He said he was not claiming any part of lot 68, had the right to fence his own lot and that CR Realty had no right to stop him. He also said the complaint did not have a proper reason for the case.
Because both sides claimed the lot, a survey was done to check the boundaries. The survey said the lot was part of lot 68. Chito disagreed and showed another survey that said it was his lot. He said his title had been legally confirmed before, while CR Realty’s title was only named lot 68. Chito then filed a motion to dismiss the case, saying it was attacking his property title.
The lower court agreed with Chito and dismissed the case, saying CR Realty was challenging a registered property, which can only be done in the Land Registration Court. The Court of Appeals agreed.
It’s wrong. A case is valid if it shows (1) the complainant has a right, (2) the defendant must respect that right and (3) the defendant did something to violate that right. CR Realty showed that Chito blocked their possession of lot 68, so they could get damages. The trial court could also decide where the lot really is. Courts have the power to do this, and Chito could not question it because he already took part in the surveys.
In the end, disputes about boundaries and ownership can be handled by regular courts. After land is officially registered, boundary fights are settled in ordinary courts, not the Land Registration Court. (Ceroferr Realty vs. Court of Appeals et al. G.R. 139539 Feb. 5, 2002).
* * *
Email: js0711192@gmail.com