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Comment/Opposition: (To Respondents' Motion For Reconsideration)

(1) Spouses Walfrido and Imelda Katigbak filed a petition for indirect contempt with prayer for a writ of preliminary mandatory injunction against respondents Victorias, Florencio-Layos, Jerry Layos, Renato "Diego" Villa, and several John Does. (2) The petitioners argue that the respondents' claim that their titles are fake is untrue, as evidenced by certified true copies and receipts from the Land Registration Authority. (3) The petitioners further argue that the writs are justified because the lower court already ordered the respondents to vacate the subject properties in 2007, which the respondents forcibly retook in 2008 in violation of the court orders.

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248 views6 pages

Comment/Opposition: (To Respondents' Motion For Reconsideration)

(1) Spouses Walfrido and Imelda Katigbak filed a petition for indirect contempt with prayer for a writ of preliminary mandatory injunction against respondents Victorias, Florencio-Layos, Jerry Layos, Renato "Diego" Villa, and several John Does. (2) The petitioners argue that the respondents' claim that their titles are fake is untrue, as evidenced by certified true copies and receipts from the Land Registration Authority. (3) The petitioners further argue that the writs are justified because the lower court already ordered the respondents to vacate the subject properties in 2007, which the respondents forcibly retook in 2008 in violation of the court orders.

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KathrinaDeCastroI
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REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 19
Bacoor, Cavite

SPOUSES WALFRIDO &


IMELDA KATIGBAK, BSC-2008-16
Petitioners,
FOR: PETITION FOR
-versus- INDIRECT CONTEMPT
WITH PRAYER FOR
ISSUANCE OF WRIT OF
VICTORIAS, FLORENCIO- PRELIMINARY
LAYOS, JERRY LAYOS, RENATO MANDATORY INJUNCTION
“DIEGO” VILLA, & SEVERAL
OTHER JOHN DOES,
Respondents.
x------------------------------------------x

COMMENT/OPPOSITION
(to Respondents’ Motion for Reconsideration)

Petitioner SPOUSES WALFRIDO & IMELDA KATIGBAK,


through counsel and unto this Honorable Court, respectfully
avers the following:

1. On 09 March 2021, undersigned counsel appeared


before the Honorable Court. The Honorable Judge informed
counsel that there was a Motion for Reconsideration filed by
herein respondents. He gave a period of fifteen (15) days or
until 24 March 2021 to file a Comment/Opposition to the
Motion for Reconsideration.

2. Hence, the timeliness of the instant Comment and


Opposition.

All titles registered under


the name of Petitioners are
genuine and real as
evidenced by the Transfer

1
Certificate of Title issued by
Land Registration Authority.

3. In the said Motion for Reconsideration, the main


issue raised by the respondents is that all titles of the
petitioners Spouses Walfrido and Imelda Katigbak are all
spurious and fake.

4. On 10 November 2020, the Land Registration


Authority, upon request of petitioners issued a certified true
copy of TCT Nos. T-9582291, T-9582302, and T-9582313. In
addition, attached herein as Annex “B” is the official receipt
issued by the Land Registration Authority as proof of payment
for the issuance fee for the three (3) titles issued.

5. Hence, these shows that the titles under the name


of petitioners exists and are real. It debunks the claim of the
respondents that the titles are fake and spurious.

6. The Supreme Court in the case of Numeriano P.


Abobon vs Felicitas Abobon4, et.al., held that: First of all, a
fundamental principle in land registration under the Torrens
system is that a certificate of title serves as evidence of an
indefeasible and incontrovertible title to the property in favor
of the person whose name appears therein. The certificate of
title thus becomes the best proof of ownership of a parcel of
land; hence, anyone who deals with property registered under
the Torrens system may rely on the title and need not go
beyond the title. This reliance on the certificate of title rests on
the doctrine of indefeasibility of the land title, which has long
been well-settled in this jurisdiction. It is only when the
acquisition of the title is attended with fraud or bad faith that
the doctrine of indefeasibility finds no application.’’

7. There is no fraud in this case because the TCTs of


the subject property are real and genuine.

Indirect Contempt with


Prayer for the Issuance of
Writ of Preliminary

1
Attached as Annex “A”
2
Attached as Annex “A-1”
3
Attached as Annex “A-2”
4
G.R. No. 155830, August 15, 2012.

2
Mandatory Injunction is a
proper remedy.
8. Indirect Contempt and Preliminary Mandatory
Injunction is filed by herein petitioners based on the acts of
respondents. The respondents were ordered by the court to
vacate the subject properties in the unlawful detainer case
docketed as Civil Case No. GMA-04-07 filed by respondent
Victoria Florencio-Layos before the Honorable 5 th Municipal
Circuit Trial Court of Carmona and Gen. Mariano Alvarez,
Cavite.

9. On November 27, 2007, the Municipal Trial Court,


issued an Order, to wit:

“WHEREFORE, foregoing premises considered, the


Motion for Reconsideration filed by Sps. Katigbak thru
counsel is hereby granted.

Accordingly, plaintiff Victoria S. Florencio-Layos and


those claiming rights under her are hereby ordered to vacate
the property subject of the instant case situated at Brgy. San
Jose, Gen. Mariano Alvarez, Cavite and covered by TCT No.
T-319800, T-319801 and T-319802 of the Registry of Deeds
of the Province of Cavite in the name of the plaintiff (TCT No.
T-958229, T-958230 and T-958231 in the name of the Sps.
Katigbak) and turn over possession thereof to defendants
Spouses Wilfredo and Imelda Katigbak.

Let a writ of possession be issued.

SO ORDERED.”

10. The Writ of Possession was issued on December 10,


2007. Spouses Katigbak together with the PNP of Gen.
Mariano Alvarez, Cavite, proceeded to the subject properties to
enforce the aforementioned writ of possession.

11. However, sometime in September 2008,


respondents, through force, violence and intimidation, forcibly
re-gained possession and took over the subject properties.
Such act of the respondents’ is a violation of the lawful Orders
and the Writ issued by the Municipal Circuit Trial Court.

12. Up to this date, the respondents still refuse to


vacate and heed the Orders of the lower court. Hence, the
petitioners find it proper to file the instant case for Indirect

3
Contempt with Prayer for the Issuance of Writ of Preliminary
Mandatory Injunction.

13. The Writ of Preliminary Mandatory Injunction which


is necessary to restore the obtaining status of the parties prior
to the unlawful and violent take-over of the subject property
by herein respondents. It is proper because the lower court
has already issued the November 27, 2007 and December 10,
2007 Orders which was duly enforced in accordance with
existing laws and procedure.

14. A preliminary injunction is an order granted at any


stage of an action or proceeding prior to the judgment or final
order, requiring a party or a court, agency or a person to
refrain from a particular act or acts. It may also require the
performance of a particular act or acts, in which case it shall
be known as a preliminary mandatory injunction. To justify
the issuance of a writ of preliminary mandatory injunction, it
must be shown that: (1) the complainant has a clear legal
right; (2) such right has been violated and the invasion by the
other party is material and substantial; and (3) there is an
urgent and permanent necessity for the writ to prevent serious
damage. An injunction will not issue to protect a right not in
esse, or a right which is merely contingent and may never
arise since, to be protected by injunction, the alleged right
must be clearly founded on or granted by law or is enforceable
as a matter of law.5

15. In this case, the right of the petitioners is clearly


founded on and granted by the Orders of the lower court,
which is enforceable under the law. The claim of ownership of
the petitioners is based on the titles registered under their
name and they are being deprived of the enjoyment and
possession of the subject properties for so long, which already
resulted to irreparable injury and damages to herein
petitioners.

PRAYER

WHEREFORE, premises considered, it is respectfully


prayed of this Honorable Court to:

1. DENY respondent Motion for Reconsideration; and

5
Heirs of Melencio Yu, et.al. vs Court of Appeals, G.R. No. 182371, September 4, 2013.

4
2. ISSUE a Writ of Preliminary Mandatory Injunction,
after notice and hearing and the posting of the
requisite bond, requiring respondents and all other
persons acting for and in their behalf, to surrender
and/or return possession of the subject parcel of
land unto the petitioner;

3. ISSUE a Permanent Mandatory Injunction


perpetually mandating respondents, after trial on
the merits, and others acting on their behalf, after
the surrender and/or return possession of the
subject parcel of land unto the petitioner, to respect
the lawfully existing orders of the lower court
granting in favor of the petitioner the possession of
the subject properties;

4. CITE respondents for Indirect Contempt and order


their imprisonment and/or the payment of the
corresponding fine, pursuant to Section 1 of Rule 71
of the Revised Rules of Court; and

5. Render judgment, after trial on the merits, in favor


of petitioner against respondent for the latter to
jointly and severally pay damages, the cost of suit
and other expenses of litigation.

Other measures of relief, just and equitable under


the premises, are likewise prayed for.

Respectfully submitted.

Pasig City for Bacoor, Cavite, 22 March 2021.

YANGCO LAW OFFICE


Counsel for the Petitioners
Unit 1102-A West Tower
Philippine Stock Exchange Centre Building
Exchange Road, Ortigas Complex,
Pasig City, Philippines
Tel. Nos. (632) 584-6821, (632) 584-6822
arnoldyangco@yangcolawoffices.com

For the Firm:

5
ANA KATHRINA ROSE I. DE CASTRO
Roll of Attorneys No. 75403
IBP No. 153239/01-15-2021/RSM
PTR No. 7297050/01-26-2021/Pasig
Admitted to the Bar this 2020

MODE OF FILING/SERVICE

Copies of the foregoing pleading were filed through


licensed courier service.

ANA KATHRINA ROSE I. DE CASTRO

Copy furnished:

BRANCH CLERK OF COURT


Branch 19, Regional Trial Court,
Bacoor Cavite

ATTY. NELSON A. CLEMENTE


Counsel for the Defendants
4th Floor Legaspi Towers 200
Paseo De Roxas Legaspi Village,
Makati City

ATTY. PATROCINIO PALANOG


166 Kabalsan Road 2
Caloocan City

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