Requested from DOJ by e. dela cruz at 03:57 AM on
Jul 11, 2017.
Purpose: concern citizan
Date of Coverage: 01/01/1970 - 07/11/2017
Tracking no: #DOJ-725524893735
dela cruz 03:57 AM, Jul 11, 2017
good day, i would like to request for the information and the rights of the dependats if you have received a notice to vacate , specially in every hearing the plaintiffs have no title for claiming the rights and in every hearing they use different atty, in short the status and all the favor given to the plaintiff even if we are strong for every hearing, one day we shock to issue us notice to vacate , we here in our place for almost 50 yrs and its not finish in the court, pls. help us.. thanks
Dulin 01:28 PM, Jul 17, 2017
July 17, 2017
Dear edwin,
Thank you for your request dated Jul 11, 2017 03:57:40 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for The rights of dependants if you have given the notice to vacate.
We received your request on Jul 11, 2017 03:57:40 AM and will respond on or before Aug 01, 2017 03:57:40 AM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPSi03MjU1MjQ4OTM3MzUM, for request with ticket number #DOJ-725524893735.
Thank you.
Respectfully,
Irene Dulin
FOI Officer
04:10 PM, Jul 31, 2017
FROM THE OFFICE OF UNDERSECRETARY ERICKSON H. BALMES
FOR : MR. EDWIN DELA CRUZ
THRU : MS. IRENE DULIN
Head, Communications Division
SUBJECT : RESPONSE TO THE EFOI QUERY ON “THE RIGHTS
OF DEPENDANTS IF YOU HAVE GIVEN THE NOTICE
TO VACATE”
DATE : 27 July 2017
Greetings!
This refers to your eFOI inquiry dated 11 July 2017, asking about the rights of the defendants who receive a notice to vacate.
In an ejectment case, a defendant is accorded with rights for his defense as provided by the Constitution and laws.
Foremost, it is fundamental for any person who is a party to a judicial proceeding of any nature to be represented by competent and independent counsel of his choice.
Art. III, Section 1 of the 1987 Constitution provides, that:
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
The Constitutional also guarantees the right to be accorded due process of law.
Art. III, Section 6 (a) provides:
The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court.
The Supreme Court ruled in Catacutan v. People, G.R. No. 175991, August 31, 2011, that due process simply demands an opportunity to be heard.
Moreover, Article 433 of the Civil Code requires resort to judicial process by any person claiming to be the true owner for the recovery of his/her property, the actual possession of which is with another person.
These are some of the rights accorded to defendants in a civil proceeding for ejectment.
We hope this sufficiently answers your questions. Thank you and best regards.
Truly yours,
ATTY. ERICKSON H. BALMES
Undersecretary
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