(Eagle News) – A Metropolitan Trial Court (MeTC) has ordered the illegal occupants of the Iglesia Ni Cristo (INC) property at 36 Tandang Sora Avenue in Quezon City to “immediately vacate” the said Church premises.
This was the court’s decision in the “unlawful detainer” case filed by the INC against the property’s illegal occupants, namely expelled INC members Lolita “Lottie” Hemedez and Felix Nathaniel “Angel” V. Manalo. The case was filed in February this year following Lottie and Angel’s continued refusal to vacate the premises despite repeated demands from INC.
In a six-page decision, Manila MeTC Branch 12 Judge Anne Perpetual Rivera-Sia directed the said expelled members to “immediately vacate” the INC’s 36 Tandang Sora property and to immediately surrender it to the INC.
The Court ruled that the stay of the siblings was no longer legal. It was merely “tolerated” by the property’s real owner, the INC. When they were expelled from the Church after they violated Church doctrines, this “tolerance” ended.
“Wherefore, premises considered, defendants Lolita “Lottie” M. Hemedez and Felix Nathaniel “Angel” V. Manalo are hereby ordered to ‘immediately vacate’ the subject property at No. 36 Tandang Sora, Quezon City and surrender the possession thereof to plaintiff Iglesia Ni Cristo,” Judge Rivera-Sia said in the said Decision.
The Court also directed the defendants to pay the plaintiff, the INC, the amount of P2,420 for costs of filing of the suit.
The Manila MeTC court rendered the decision for Quezon City MeTC branch 43 “as all civil cases raffled” to the Quezon City court were forwarded to the Manila court pursuant to a Supreme Court Resolution for the designation of “assisting courts.”
“Based on the allegations, defendants’ stay on the property is based on tolerance. Defendants’ occupation of the property was initially lawful but later on turned out as illegal due to their refusal to vacate the property after lawful demand,” the Decision said.
The defendants were expelled from the INC on July 23, 2015 for “grave violation” of the INC’s doctrines.
With the expulsion, the INC asserted that the defendants have lost their privilege to stay on the property.
On December 28, 2015, the INC sent the defendants a “notice of termination with demand to vacate the property.”
When the defendants refused to receive the notice, the said notice was posted on the gate of the property fence in the presence of barangay officials of New Era, Quezon City.
Another letter dated January 14, 2016, demanded the defendants to vacate the property with insistence for payment of reasonable compensation for the use of the INC property. When the defendants again refused to acknowledge receipt of the letter, the notice was again posted at the 36. T. Sora gate and also sent through registered mail.
Even with these legal notices, Lottie and Angel, including their companions, still refused to vacate the Church property, and instead openly challenged the INC Church Administration.
In its decision, the court noted that the INC has complied with all the requirements provided by law in such cases.
“The formal demands to vacate posted and sent to defendants as the filing of this suit, are categorical acts on the part of the plaintiff showing that its withdrawal of permission to having defendants to stay on the property,” it said.
“Notwithstanding, defendants have regrettably failed to vacate the premises and surrender the same to plaintiff,” the court noted.
INC spokesperson minister Edwil Zabala said that the INC “followed the procedures laid down by law” and that the court’s decision was a “vindication” for the Church.
“The Court has resolved in favor of the Church ordering the occupants of 36 Tandang Sora to immediately vacate the premises they unlawfully detain. We have stood by the position that the facts as supported by evidence would give vindication to the Church,” he said.
“We are now studying the enforcement of the decision in the said ejectment case,” Zabala added.
