CA issues 60-day TRO vs alleged land-grabber
Alleged land grabber Wilfredo Torres. INQUIRER PHOTO
The Court of Appeals on Friday issued a 60-day temporary restraining order (TRO) against alleged land grabber Wilfredo Torres, easing the anxiety of homeowners threatened with eviction after a Quezon City court gave Torres ownership of a 24-hectare prime property that included their homes.
“It’s a great relief. All residents will be able to sleep tonight,” said Walter Young, a resident of the K-Ville subdivision who represents some 40 residents of the village.
The K-Ville residents petitioned the appellate court to nullify a ruling of Judge Tita Marilyn Payoyo-Villordon of the Quezon City Regional Trial Court Branch 224 that recognized Torres’ ownership of a 23.7-hectare property in Quezon City.
In their petition, the residents asked for a temporary injunction, saying that there was danger of “bloodshed” as Torres “with his army of goons” had already begun implementing a writ of possession to the property.
‘Irreparable injury’
In Friday’s decision, the appellate court said it was granting the TRO after considering “the extreme urgency and great or irreparable injury the petitioners may suffer before the case can be heard.”
The appellate court also “prohibited and restrained” Judge Villordon, the officials and agents of her court from implementing the Nov. 16, 2010, order of the writ of possession, which gave Torres the authority to take over the 24-hectare property.
The resolution was written by Associate Justice Amelita Tolentino and concurred in by Associate Justices Normandie Pizarro and Rodil Zalameda.
Young said the TRO also applied to all the other properties affected by Torres’ claim of ownership.
The property encompassed an area containing Sanville 1, 2, 3 and 4 subdivisions which include the K-Ville townhomes, K-Square and Metro Heights subdivisions, Arfel Homes, Sadel Court, Fernwood Gardens, including the St. Francis Chapel and a portion of the Claret Seminary all in Barangay Culiat; and the Montessori School of Quezon City and a Wilcon Builders outlet on Visayas Avenue.
The appellate court directed the residents to post a P500,000 bond in favor of Torres for whatever damages he would suffer should the court decide against the petitioners.
It also directed Torres and his lawyer, Cornelio Aldon, to answer the petition of the K-Ville residents within 15 days from notice.
Torres, 75, has been described as a suspected leader of a “professional squatting syndicate.”
QC gov’t call to dialogue
The Quezon City government called residents and property owners affected by the land dispute to a dialogue on Friday and assured them of security and assistance should armed men try to evict them.
The meeting was to make sure that the city government, the residents and property owners, and the police “are one in this as we look for ways to intervene and help those affected,” said Gregorio Banacia, head of the city’s Public Affairs and Service Information.
City officials assured the residents and property owners that police would not be sent to accompany Torres without the mayor’s approval.
City Assessor Jose Castro said Mayor Herbert Bautista has ordered the Quezon City Police Department to inform him if there is any request for police assistance by court sheriffs to enforce eviction orders on the 24-hectare property.
Heavily armed policemen accompanied the Torres group that attempted to evict Maria Montessori School early this week.
The city government earlier said it was exploring the possibility of intervening in the court over the property being claimed by Torres.
Torres was able to convince the Branch 224 court that he had inherited the 23.7-hectare property from his mother, Dominga Roxas Sumulong. The court agreed to the reconstitution and issuance of new TCTs to the property in favor of Torres who claimed that the titles were burned in a fire at the Quezon City Hall in 1988.
Forged titles
But the Land Registration Authority subsequently found that the owner’s duplicate copy of the title that was presented in the petition for the reconstitution and issuance of new TCTs was a forgery.
The LRA has gone to court seeking the cancellation of all the titles issued for the property which is divided into seven lots and covered by seven TCTs.
On Thursday, the LRA amended its earlier civil complaint for cancellation of titles from an initial two titles to seven titles which it sought to be canceled.
Through the Office of the Solicitor General, the LRA filed a complaint with Judge Luisito Cortez of Quezon City RTC Branch 84, amending the earlier complaint filed on April 18.
It named Torres, Manuel Aliño and the Register of Deeds as defendants in the civil case docketed as Q-11-69137.
The case, seeking that the court declare the two TCTs and their derivative titles, if any, as void, is set to be heard on October 28.
Sale to Aliño
The agency also asked the court to order Aliño, Torres and their heirs to surrender their owners’ copy of the two TCTs and derivative titles to the Register of Deeds in Quezon City.
Sumulong had apparently sold the property to Aliño years ago. But in 1990, Torres went to court seeking the return of the property and the cancellation of the titles issued in the name of Aliño and his wife, saying the Aliños had failed to make full payment. The court decided the case in Torres’ favor and ordered the cancellation of the TCTs in the name of Aliño and reconveyed these to Torres.
