CEBU, Philippines - The Regional Trial Court (RTC) has affirmed the decision of dismissing the ejectment case filed against the chief of hospital of the Vicente Sotto Memorial Medical Center (VSMMC) against Southern Islands Hospital School of Nursing Alumni Association, Inc. (SIH-SNAAI) .
In his five-page decision, RTC Judge Simeon Dumdum, Jr. said he found no evidence that would warrant the reversal of the ruling of the Municipal Trial Court in Cities (MTCC) Branch 8 Judge Edgemelo Rosales.
“In view of the foregoing, the court so holds that the trial court correctly dismissed the complaint on the ground that the complaint states no cause of action,†the decision read.
In their complaint, SIH-SNAAI alleged that VSMMC chief, Dr. Gerardo Aquino, and Engr. Danilo San Jose Peñaranda, doing business under the name and style of DSJP Construction, through an alleged force and intimidation entered the premises of the former and padlocked the gate, thereby preventing passage to and from their compound.
The defendants also allegedly cordoned and secured the area with armed blue guards, placed a closed circuit camera in the premises and removed a monument of the property.
The association alleged that they were also prevented from parking their vehicles on the property upon the orders of Aquino.
Aquino in his reply claimed that the subject lot was part of the VSMMC compound and that the association’s stay in the building was merely by tolerance of the hospital management.
A counterclaim was filed by Aquino which sought for the ejectment of the building of the association that was constructed in 1972 located in Sambag II, Cebu City.
Rosales earlier ordered the dismissal of the case filed against Aquino. He also denied the counterclaim filed by Aquino against the association.
This prompted both parties to file their respective appeal before the RTC.
Dumdum affirmed the decision of Rosales saying that association failed to prove its possession over the property while he also dismissed the counter-claim saying that Aquino was not the real party in interest but the VSMMC. (FREEMAN)