Court of Appeals admits new plea vs Quezon City 'landgrabber'

MANILA, Philippines - Another bid to stop the transfer of a 24-hectare prime property in Quezon City to a 75-year-old man tagged by residents of affected subdivisions as a professional landgrabber has advanced in the Court of Appeals (CA).

The first division of the appellate court found the petition filed by over 100 homeowners and several business establishments seeking to annul the order of Judge Tita Marilyn Payoyo-Villordon of the Quezon City Regional Trial Court (RTC) Branch 224 “sufficient in form and substance.”

The CA ordered “the issuance of summons together with copies of the petition to be served on the respondents, in due observance of the procedure in ordinary civil cases,” held the ruling penned by Associate Justice Franchito Diamante.

CA Presiding Justice Andres Reyes Jr. and Mariflor Punzalan-Castillo concurred in this ruling.

Similar petitions have been filed in September last year questioning the transfer to Wilfredo Torres of the contested land, including those by Maria Montessori School along Visayas Avenue and residents of eight subdivisions affected by the trial court’s decision.

Also last September, the CA’s sixth division issued a temporary restraining order (TRO) enjoining Villordon from having her decision implemented pending the resolution of the petitions.  

The appellate court held that there is a prima facie evidence to admit the petition for annulment of judgment filed by the petitioners assailing the orders Villordon issued on Nov. 16, 2010 and May 23, 2011 and the writ of possession she subsequently issued.

However, the CA deferred its action on the motion filed by the homeowners seeking a temporary restraining order or a writ of preliminary injunction against the implementation of Villordon’s orders pending Torres’ reply on the petition.

In a ruling last year, Villordon upheld the ownership of Torres over the property covered by seven transfer certificates of title (TCTs). The titles cover Sanville 1, 2, 3 and 4 subdivisions; K-Square and Metro Heights subdivisions, Arfel Homes, Sadel Court; wedding venue Fernwood Gardens, including the St. Francis Chapel and a portion of Claret Seminary, all in Barangay Culiat; and the Maria Montessori School of Quezon City and Wilcon Builders.

Records show that the RTC had consistently ruled in favor of Torres in his bid to reclaim the property.

In 1997, then Judge Emilio Leachon of RTC Branch 224 allowed the reconveyance of the property to Torres as well as the reconstitution of the TCTs allegedly burned in a huge fire that destroyed records at the Quezon City Hall in 1988.

Villordon, who succeeded Leachon, ordered the issuance of new TCTs in Torres’ name in 2006 and directed the city assessor’s officer to transfer tax declarations covered by the new TCTs in Torres’ name.

Torres claimed that he inherited the property from his mother, Dominga Roxas Sumulong-Torres.