SC denies couple’s claim on land occupied by foundation

MANILA, Philippines—The Supreme Court has thrown out the petition of a couple seeking to evict the Gerry Roxas Foundation from a parcel of land the complainants were claiming as their own in Roxas City.

In resolving the land dispute, the high court upheld the Court of Appeals’ Nov. 24, 2003, ruling which declared that Manuel and Florentina del Rosario were not the lawful owners of the disputed property in Barangay Dayao.

The high tribunal also noted that the couple erroneously filed a civil suit for “unlawful detainer” against the foundation instead of lodging a complaint for “forcible entry.”

“The petition is bereft of merit,” the Supreme Court said in its June 8 resolution penned by Associate Justice Mariano del Castillo.

“The allegations in petitioner’s complaint constitute judicial admissions,” it added.

The foundation, which is named after the late Gerardo “Gerry” Roxas, a former senator, is considered as among the oldest socio-civic organizations promoting youth leadership in the country.

Roxas is the father of Transportation Secretary Manuel “Mar” Roxas II.

Secretary Roxas is a member of the foundation’s board of trustees, which is currently chaired by his mother, Judy Araneta-Roxas.

The dispute over the property started on July 7, 2003, when the Del Rosarios sued the foundation before the local court for allegedly occupying the land they owned without their consent in 1991.

The plaintiffs said they had tolerated and allowed the foundation “to make use of the land without any contractual or legal basis” after it “took full control and possession of the subject property, developed the same and use it for commercial purposes.”

But the couple said their “patience has come to its limits” and started demanding rentals from the foundation in the latter part of 2002.

“Notwithstanding receipt of the demand letters, defendant failed and refused … to pay reasonable monthly rentals for the use and occupancy of the land,” the Del Rosarios said in their complaint.

In their answer, officials of the foundation denied that they had been using the property for commercial use, saying that the foundation had actually spent P25 million to develop the area for its socio-civic activities.

They also belied the accusation that the foundation was unlawfully occupying the property. They said the foundation had entered into a memorandum of agreement with the Roxas City government to use the land for free.

During the trial, the foundation showed documents showing that the Del Rosarios had actually sold the same property to the Roxas City government on Feb. 19, 1981.

“(T)he (foundation’s) possession of the subject property is by virtue of a contract of lease (it) entered into with the City of Roxas which is the true and lawful owner,” the appellate court said, adding:

“The plaintiffs (have) no cause of action against herein defendant.”

Concurring with Del Castillo’s opinion were Chief Justice Renato Corona and Associate Justices Jose Perez, Presbitero Velasco Jr. and Teresita Leonardo-de Castro.