THE Court of Appeals has ruled in favor of the Department of Education in an ejectment case against an elementary school in Bocaue, Bulacan filed during the term of Education Secretary Armin Luistro by the heirs of the person who donated the land on which the school was built.
In a 19-page decision promulgated last August 23, the appellate court’s Fourth Division granted the DepEd’s petition, saying the Malolos City Regional Trial Court Branch 84 erred when it ruled to deliver possession of the subject property to respondents Engr. Genaro Reyes and the co-heirs of Rosa Gabriel considering that it has been devoted to public use.
“The Decision dated 25 September 2015 and Order dated 17 May 2019 of the Regional Trial Court, Third Judicial Region, Malolos City, Bulacan, Branch 84 are reversed and set aside, and a new judgment is entered dismissing the case for lack of jurisdiction,” the CA decision penned by Associate Justice Ronaldo Roberto Martin said.
Concurring with the decision were Associate Justices Ramon Bato Jr. and Alfonzo Ruiz II.
“The Order of execution, writ of execution and the notice to vacate issued by the Regional Trial Court is also nullified,” the CA added.
To recall, the DepEd elevated the case to the CA after the RTC ruled against it twice in the ejectment case involving a lot area of 4,056 square meters located at McArthur Highway, Barangay Binang, Bocaue, Bulacan occupied by the Binang II Elementary School.
The respondents had earlier sued the DepEd seeking to recover the property, which they argued is being used as a school site by “their mere tolerance without any form of compensation, contract or agreement.”
In their complaint initially filed before the Municipal Trial Court of Bocaue, the respondents, saying they are the children and heirs of the late Rosa Gabriel, the owner of the property, asked the DepEd to vacate the property and pay them reasonable compensation for its use in the amount of P40 per square meter from Dec. 2013 until it is vacated and also pay them the amount of P20,000 as attorney’s fees, P50,000 as moral damages, and costs of the suit.
However, the DepEd argued that it is the owner of the property, and has been in open, continuous, exclusive, and notorious possession of the property.
The DepEd also disputed the genuineness, validity, and due execution of Transfer Certificate of Title (TCT) No. T-479465 registered under the name of Rosa Gabriel, as well as the attached tax declaration declaring the property for taxation purposes under her name.
Assuming the tax declaration was correct, the DepEd said the MTC has no jurisdiction over the complaint because the assessed value of the subject property is P429,300 and that the jurisdiction of the MTC is confined to civil actions that involve title to, or possession of, real property or any interest where the assessed value of the property does not exceed P20,000 in accordance with Batas Pambansa Bilang 129.
The DepEd also denied the existence of Biñang II Elementary School and stated that what exists in the property is Biñang 1st Primary School.
It said that even assuming that respondents are referring to Biñang 1st Primary School, now Biñang Elementary School, the department has been in open, continuous, exclusive, and notorious possession of the subject property since 1936.
After the MTR ruled in DepEd’s favor, the respondents elevated the case to the RTC which reversed and set aside the lower court’s ruling.
The RTC also dismissed a motion for reconsideration filed by the DepEd, prompting the latter to bring the case to the attention of the CA.
The CA noted the fact that the DepEd has been in continuous possession of the property for more than 70 years, a possession that it stressed was duly established by the judicial affidavit of elderly members of the community who were present when the donation was made and who also attested that the subject property was donated by the respondents’ predecessor in-interest, Rosa Gabriel, and Reyes himself.
The appellate court also affirmed DepEd’s arguments that the MTC has no jurisdiction over the case.
