DANIEL MASANGKAY TAPUZ v. JUDGE ELMO DEL ROSARIO

FACTS:

The case involves a petition for certiorari and the issuance of writs of amparo and habeas data filed by petitioners against various respondents. The petitioners are being sued in a complaint for forcible entry and damages with a prayer for a writ of preliminary mandatory injunction filed by respondents. The respondents allege that they are the registered owners of a parcel of land and were the prior possessors of the disputed land when the petitioners, armed with bolos and suspected firearms, forcibly entered the land and built a structure on it. The petitioners denied the allegations and claimed that they are the actual and prior possessors of the land. After due proceedings, the Municipal Circuit Trial Court rendered a decision in favor of the respondents, finding that the respondents were in prior possession of the land and that the petitioners forcibly entered the land and built structures on it.

of respondents' right to security of person and their right to property. Respondents assert that they have been in possession of the disputed land since 1993 until April 19, 2006 when they were forcibly ousted by the petitioners. The petitioners, on the other hand, claim that it was the respondents who forcibly entered the land on April 18, 2006 and built structures on April 19, 2006. The petitioners also allege that armed men intruded into their property, fired guns at them, and burned their houses. The petitioners appealed the decision of the Municipal Circuit Trial Court ("MCTC") to the Regional Trial Court ("RTC") of Kalibo, which then granted the respondents' motion for a writ of preliminary mandatory injunction. The petitioners filed a motion for reconsideration, but it was denied. The RTC also issued a writ of demolition to be implemented after the petitioners were given notice. The petitioners subsequently filed a petition for review with the Court of Appeals, arguing that they have prior possession of the disputed land and that the respondents intruded into it. The petitioners filed the present petition for certiorari, habeas data, and writ of amparo, asserting their claims of prior possession and intrusion by the respondents.

The petitioners, Ivan Gajisan and Michael Magbanua, allegedly resisted the intrusion of the private respondents, the Sansons, onto a disputed property. The petitioners argue that the actions of the Sansons are a violation of the law penalizing Acts of Violence against women and children, and are aggravated by the use of high-powered weapons. They also claim that the Sansons employ armed men and have influence with the police due to their financial and political clout, thereby posing a threat to the life and security of the petitioners. The petitioners further assert that witnesses, who are not related to the defendants, attest to the prior occupancy and ownership of the disputed lot by the defendants, as well as the alleged atrocities committed by the plaintiffs through hired men to unjustly evict the defendants. Moreover, the petitioners argue that the Municipal Circuit Trial Court (MCTC) has no jurisdiction over the complaint for forcible entry because the case involves issues of title to or possession of real property, with the assessed value exceeding P20,000.00, making it cognizable by the Regional Trial Court (RTC). Thus, the petitioners contend that the RTC, where the MCTC decision was appealed, also lacks jurisdiction to rule on the case.

ISSUES:

  1. Whether the petition for certiorari was timely filed and in accordance with procedural rules.

  2. Whether the issuance of the writ of amparo is warranted.

  3. Whether the issuance of the writ of habeas data is warranted.

RULING:

  1. Petition for Certiorari The petition for certiorari was filed out of time and is not in accordance with procedural rules, being beyond the 60-day reglementary period. Additionally, petitioners are guilty of forum shopping and willful misrepresentation, as they sought the same relief from different courts simultaneously, which constitutes a violation of the rules against forum shopping. Furthermore, the required verification and certification of non-forum shopping were defective. In substance, the complaint was correctly found to be within the jurisdiction of the MCTC as it pertained to forcible entry and not issues of title or possession requiring RTC jurisdiction.

  2. Writ of Amparo The petition for the issuance of the writ of amparo was found fatally defective due to lack of sufficient allegations and substantiation of threats to the petitioners' life, liberty, or security. The Court found that the allegations were primarily related to property and possession disputes, and there was no sufficient proof that an imminent or continuing danger existed.

  3. Writ of Habeas Data The petition for the issuance of the writ of habeas data was also found fatally defective for lacking the necessary allegations required by the Rule on the Writ of Habeas Data, such as concrete violations of privacy affecting the right to life, liberty, or security, and a demonstrable necessity for the information sought.

PRINCIPLES:

  • Rule 65, Revised Rules of Court Specifies the reglementary periods and requirements for filing a petition for certiorari.

  • Rule on the Writ of Amparo Established as an extraordinary remedy to address violations or threats to life, liberty, or security; not applicable to purely property or commercial disputes.

  • Rule on the Writ of Habeas Data Pertains to the right of an individual to control information regarding themselves, demanding specific and concrete allegations of how the violation affects the right to life, liberty, or security.

  • Forum Shopping Defined as the act of initiating multiple actions or proceedings involving the same parties and issues, forbidden to ensure the efficient administration of justice.

  • Jurisdiction of First-Level Courts Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts have exclusive jurisdiction over forcible entry and unlawful detainer cases, regardless of property value, based on physical possession rather than right of possession.