DAVAO CITY, Philippines — The heirs of businessman Eli Lui successfully recovered his foreclosed property on Tuesday, May 28, following the implementation of a court order by the Sheriff’s office.
During a protracted legal battle to reclaim his property, the bank had sold it to Winston M. Seña, Roberto Seña, and others.
The day before the court’s order was executed, large trucks were positioned outside the property, indicating possible resistance. After nearly 20 years of legal disputes, the court finally issued an order for the defendants to vacate the property.
Armed with a writ of execution from the court, police personnel, and demolition crew, Sheriff Lars Carillo served the court notice to vacate despite resistance from the occupants.
“We need to enter the property, ask the occupants to vacate, then take over the property since there is a writ of execution from the court dated May 4, 2024,” Sheriff Carillo told Newsline in the vernacular.
The Lui property, located along the Davao-Japan Friendship Highway, also known as Diversion Road, was foreclosed by the bank. During ongoing litigation, the bank sold the property to Winston M. Seña, Roberto Seña, Lito Urbiztondo, and Samuel Tubo. The cases reached the Court of Appeals and were docketed as CA-G.R. SP NO. 09203-Min.
On June 26, 2022, Court of Appeals Associate Justice Anisah B. Amanodin-Umpa ruled in favor of the petitioner, ordering the reinstatement of the property. The decision was concurred by Associate Justices Richard Mordeno and John Lee.
“A motion to quash was filed, so why is this being implemented?” questioned Peter, one of the occupants, in an interview with Newsline. “They are taking over illegally; this is forced entry. Judge Janice Aspiras-Pepito, who signed the order, inhibited from the case. There is a motion to quash, which means there is a TRO (Temporary Restraining Order). Since Pepito inhibited, the case should have been assigned to another judge.”
Peter further added that the sheriff’s execution might be problematic due to Judge Pepito’s inhibition.
Court records obtained by Newsline confirmed that after Pepito’s inhibition, the case was assigned to Judge Lailani Marzo-Vagilidad.
Eli Lui was represented in the case by his heirs.
After almost two hours, the property was re-occupied by Lui’s heirs.
