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    Ilusorio Digest

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    Bevz23
    - Marietta Ilusorio filed charges of robbery, trespassing, and violation of property rights against Sylvia Ilusorio and others claiming they forcibly entered a penthouse unit owned by Marietta's family company. - Sylvia claimed she had authority as Vice President of the company to enter and maintain the unit. The courts found no evidence that Marietta was the lawful occupant, as the letter authorizing her control did not have proper board approval. - As officers of the company, Sylvia and others were found to have the right and authority to enter and maintain the penthouse unit, including replacing locks, and the charges against them were dismissed.

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    Ilusorio Digest

    Uploaded by

    Bevz23
    136 views1 page
    - Marietta Ilusorio filed charges of robbery, trespassing, and violation of property rights against Sylvia Ilusorio and others claiming they forcibly entered a penthouse unit owned by Marietta's family company. - Sylvia claimed she had authority as Vice President of the company to enter and maintain the unit. The courts found no evidence that Marietta was the lawful occupant, as the letter authorizing her control did not have proper board approval. - As officers of the company, Sylvia and others were found to have the right and authority to enter and maintain the penthouse unit, including replacing locks, and the charges against them were dismissed.

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    - Marietta Ilusorio filed charges of robbery, trespassing, and violation of property rights against Sylvia Ilusorio and others claiming they forcibly entered a penthouse unit owned by Marietta's family company. - Sylvia claimed she had authority as Vice President of the company to enter and maintain the unit. The courts found no evidence that Marietta was the lawful occupant, as the letter authorizing her control did not have proper board approval. - As officers of the company, Sylvia and others were found to have the right and authority to enter and maintain the penthouse unit, including replacing locks, and the charges against them were dismissed.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    136 views1 page

    Ilusorio Digest

    Uploaded by

    Bevz23
    - Marietta Ilusorio filed charges of robbery, trespassing, and violation of property rights against Sylvia Ilusorio and others claiming they forcibly entered a penthouse unit owned by Marietta's family company. - Sylvia claimed she had authority as Vice President of the company to enter and maintain the unit. The courts found no evidence that Marietta was the lawful occupant, as the letter authorizing her control did not have proper board approval. - As officers of the company, Sylvia and others were found to have the right and authority to enter and maintain the penthouse unit, including replacing locks, and the charges against them were dismissed.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    MARIETTA K. ILUSORIO, Petitioner, versus SYLVIA K. ILUSORIO, CRISTINA A.

    ILUSORIO, JOVITO CASTRO and FIVE (5) JOHN DOES, Respondents.2007 Dec 133rd DivisionG.R. No. 171659DECISION FACTS: Petitioner Marietta Illusorio filed a complaint for robbery, qualified trespass to dwelling and violation of PD No. 1829 against respondents. Marietta alleged that she, and other Ilusorio owns and controls the majority of the shares of stock of Lakeridge Corp, the registered owner of Penthouse Unit 43-C of the Pacific Plaza in Ayala Avenue. Marietta was given full authority to take care and oversee the unit by Erlinda Ilusorio, the Chairperson and President of Lakeridge while the latter left for the US. That on November 2, 1999, Sylvia and other respondents forcibly entered the penthouse by breaking is door and locks which caused the loss of documents and jewelry. A robbery case was filed before the Office of the City Prosecutor. Respondents in their counter-affidavit agreed that petitioner is the registered owner of the Penthouse, denied that petitioner and other persons own and control the majority shares and that Erlinda is the chairperson and president of Lakeridge. Respondent submitted General Information Sheet filed with SEC. They alleged that the authority given by Erlinda to Marietta was without force and effect, being ultra vires, in the absence of any board resolution to support it. That there could not be robbery and qualified trespass to dwelling because, as officers of Lakeridge they had the right to enter Penthouse Unit 43-C. Prosectuor Hirang dismissed the charges against private for lack of probable cause. Sylvia who allegedly ordered to forced open the door and replaced the locks had authority to do so for the maintenance of the unit. Marietta elevated the case to DOJ via petition for review. Acting DOJ Sec. Gutierrez denied the petition. Marietta went to CA which also denied the petition for lack of merit. Hence this petition. Issue: Whether Sylvia had no authority to enter the unit and conduct acts of maintenance thereon; RULING:Petition is denied. RATIO: There was no sufficient evidence on record that Erlinda was indeed the lawful occupant of the unit. The letter dated October 7, 1999m by which Erlinda gave her authority to occupy, oversee, and secure Penthouse Unit 43-C, and belatedly received by the management of the Pacific Plaza was signed by Erlinda for Lakeridge without the appropriate resolution of Lakeridges board of directors to support it. Sylvia and cristina were able to establish by competent evidence that they were then the Vice-President and the Asst. Vice-President of Lakeridge, respectively. As officers, they would have the right and authority to freely enter and perform acts of maintenance of Penthouse Unit 43-C. the right could include breaking open the door and replacing its locks, apparently due to loss of the keys.

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