City government, Pit-os homeowners group face case for 'intrusion'
September 23, 2006 | 12:00am
A former city councilor and her lawyer-husband filed a civil case against the city government, the Division for the Welfare of the Urban Poor, and the Urbanville Homeowners Association in barangay Pit-os for alleged intrusion to their private property.
Carmelita Piramide and her husband, lawyer Avenescio, filed a petition for injunction with prayer for a temporary restraining order, and the payment of P150,000 in actual and moral damages against the respondents.
The couple said they are the owners of a lot in barangay Pit-os that they acquired on November 1982, and since then took possession of it peacefully until the respondents disturbed it recently.
Some residents of Urbanville have started to occupy the adjacent lot to their property, alleged the Piramide couple, and last February 2, the respondents crossed the natural boundaries then intruded into their property and put on markers on the pretext of conducting a survey.
The next day, the Piramide couple said they removed the illegally planted markers-invoking the doctrine of self-help as enshrined in Article 429 of the Civil Code-but last February 5 some Urbanville residents started cutting down bamboo trees from their property.
With the help of the police, the couple said they arrested three people, who in turn told them that they were doing on orders of DWUP personnel.
The Piramides then asked the respondents to stop disturbing the peaceful possession of the property but the latter allegedly refused, and this prompted the couple to bring the matter to court. - Fred P. Languido
Carmelita Piramide and her husband, lawyer Avenescio, filed a petition for injunction with prayer for a temporary restraining order, and the payment of P150,000 in actual and moral damages against the respondents.
The couple said they are the owners of a lot in barangay Pit-os that they acquired on November 1982, and since then took possession of it peacefully until the respondents disturbed it recently.
Some residents of Urbanville have started to occupy the adjacent lot to their property, alleged the Piramide couple, and last February 2, the respondents crossed the natural boundaries then intruded into their property and put on markers on the pretext of conducting a survey.
The next day, the Piramide couple said they removed the illegally planted markers-invoking the doctrine of self-help as enshrined in Article 429 of the Civil Code-but last February 5 some Urbanville residents started cutting down bamboo trees from their property.
With the help of the police, the couple said they arrested three people, who in turn told them that they were doing on orders of DWUP personnel.
The Piramides then asked the respondents to stop disturbing the peaceful possession of the property but the latter allegedly refused, and this prompted the couple to bring the matter to court. - Fred P. Languido
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