CEBU, Philippines - The Talisay City Prosecutor’s Office has dismissed the criminal complaint filed by lawyer Raul Sesbreño and his late wife Virginia against two alleged trespassers.
Prosecutor Aida Sanchez has cleared Marilyn Reyes and Rafila Leyson from the criminal complaint for qualified trespass to dwelling filed by the Sesbreño couple for lack of evidence. In a three-page resolution, Sanchez said there was no evidence to support the complaint filed by the Sesbreños.
“Although she claims that the house is their temporary residence whenever they are in Talisay City, Cebu she had not attached any proof that she exercises the rights of an owner of the said house or that she is the lawful occupant thereof,” the resolution read.
The late Virginia Sesbreño claimed that Reyes and Leyson entered into their house in Pongsod, Talisay City on July 14, 2011 without their permission.
Virginia, in her affidavit, said she tried to stop them but Reyes held her by the hands while Leyson “struck her left wrist”.
“Obviously their motive was evil since they appeared angry at having been charged as defendants in ejectment civil case no. 1500 entitled Raul Sesbreño vs. Efren Oros, et.al pending before the MTCC of Talisay City,” the complaint read.
The respondents allegedly went out when they noticed that she had companion inside the house. The respondents denied the complaint saying they were residents of the place for quite long years already.
The respondents said that the house which the Sesbreños claimed to be their own actually belongs to spouses Ruben and Suertilla Tiano. They claimed that it was the complainants who actually created a scenario in that afternoon.
According to the respondents, the late Virginia and her group were heading to the house of their neighbor Soledad Ypanto. The respondents said they were planning what to do since they heard that the Sesbreños are planning to demolish the houses of those who did not enter into a lease agreement and those who stopped paying the rentals.
The group of the Sesbreños allegedly fired a gun while they were meeting prompting them to panic. Leyson said she called the police for assistance.
Sanchez said that based on the arguments presented by both parties, she found no legal basis to hold the respondents for trial of the complaint for qualified trespass to dwelling.
“Entrance into a dwelling must be against the will of owner or occupant. Not the word “against” used in the law, to distinguish the case from a mere lack of consent of the dweller, because the mere absence of his consent is not enough to constitute the crime of trespass to dwelling,” the resolution read. — (FREEMAN)