Sunchamp/Tiu ejectment is a no-brainer
An interesting factoid popped out during the Nov. 6 hearing on the corruption charges against Vice President Jejomar Binay before the Senate blue ribbon subcommittee. If a Torrens title over some four hectares of land inside the alleged “Hacienda Binay” really exists in the name of whistle-blower Ernesto Mercado in the Register of Deeds of Batangas, there is no doubt he can have Sunchamp Real Estate Development Corp. and/or Antonio Tiu evicted from any part of that piece of property despite any claim by the latter as “usufructuary” or “lessee”thereof. Sunchamp’s/Tiu’s “contract” was supposedly with one Laureano Gregorio Jr., not with Mercado–the registered owner who said categorically that he has never signed any deed concerning that property in favor with anyone.
In a catena of doctrinal rulings, the Supreme Court held that regardless of any pendent issue as to the actual ownership of the property supposedly held under lease, the action for eviction can proceed and prosper as the issue involved therein is only one of possession. Mercado, being the title holder and registered owner, is entitled as a matter of course to recover possession of the property from anyone not holding any superior right to hold or possess the same. Sunchamp’s/Tiu’s “contract” with a non-owner endued them with no right better than an interloper’s. That makes the case for ejectment a no-brainer.
“Oh, what a tangled web we weave, when first we practice to deceive” (Sir Walter Scott).
STEPHEN L. MONSANTO,
Monsanto Law Office,
Loyola Heights, Quezon City
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