Application 1

CASE #2 – Macabingkil VS Yatco

FACTS:

        Petitioner: Concepcion Macabingkil

Respondents: Hon Nicasio Yatco (Judge of the Court First Instance of Rizal, Quezon City Branch, Provincial Sheriff of Rizal and Sheriff of Quezon City)

Irene De Leon and her husband, Vicente Llanes (respondent spouses)

February 26, 1964 – The Deputy Sheriff of Quezon City presented an alias writ of execution (second writ of execution issued in the same cause, to enforce a judgment not fully satisfied by the original writ) to the petitioner and was rendered in a certain Civil Case No. Q-5866 wherein the respondent spouses or the plaintiffs are the prevailing parties against the People’s Homesite and Housing Corporation (PHHC).

April 15, 1964 – The plaintiffs filed an ex-parte (law on behalf of one side or party only) motion for an order of demolition – “to demolish the houses existing in the premises of the land in question, which have been erected or occupied by squatters, and thereafter deliver the same to the spouses.” This motion was set for hearing on April 18, 1964.

April16, 1964 – The petitioner filed a petition to lift the alias write of execution and the order of demolition insisting that, “is not a squatter on the Lot in question, she having acquired her rights and interest over the said Lot by virtue of Resolution No. 370 dated December 18, 1959, and again by virtue of Resolution No. 550, dated May 16, 1961, and that all of said Resolutions were duly passed upon by the Board of Directors of defendant PHHC, and her house having been improved by virtue of the authority of the General Manager of the PHHC to secure for herself a building permit from the authorities concerned, and that her rights over the said Lot in question were acquired after due investigation of her qualification to acquire the same with priority over any other person or persons who are not occupants of the subject Lot."

April 18, 1964 - (The date of hearing) Respondent spouses requested...