Case Digest (G.R. No. L-9953)
Facts:
- Petitioners: Agustin Abulocion, Anacoreta de Abulocion, and Fabio Burgos.
- Respondents: Court of First Instance of Iloilo, Provincial Sheriff of Iloilo, and Carlos Legislador.
- Originated from a land registration case (No. V-5, G.L.R.O. Rec. No. 55804) concerning Lots 1 and 2 in Dangola-an, Anilao, Iloilo.
- Applicants: Alfredo Apurada and heirs of Benedicto Apurada; oppositors included Pablo Arandilla, Santiago Arandilla, and various government directors.
- Court ruled in favor of applicants for Lots 1 and 2, except for a 12-hectare fishpond area awarded to oppositors.
- Ruling appealed to the Court of Appeals and then to the Supreme Court, which affirmed Lot No. 2's ownership but declared Lot No. 1 as public land.
- In August 1955, Abulocion applied for a fishpond permit for Lot No. 1 but found a 10-hectare portion already permitted to Carlos Legislador.
- Abulocion requested an investigation into conflicting claims, which was postponed.
- On August 17, 1955, the Provincial Fiscal filed for a writ of possession for the fishpond area, granted by the court.
- The Deputy Provincial Sheriff executed the writ, delivering possession to Legislador's representative.
- Abulocions claimed significant investments in the fishpond since 1944 and filed a motion to set aside the writ, which was denied.
- Legislador filed a contempt motion against the Abulocions for alleged violations of the court's order.
- Abulocions sought a writ of certiorari and prohibition from the Supreme Court, arguing the writ of possession was issued without jurisdiction.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the writ of possession issued to Carlos Legislador is not illegal.
- The Court determined that Carlos Legislador has a superior right to the enjoyment and possession of the fishpond area.
- The Court held that Carlos Legislador has the right to file a contempt charge, despite not being ...(Unlock)
Ratio:
- The Supreme Court reasoned that Carlos Legislador was the authorized previous possessor of the fishpond area, unlawfully deprived of possession by Agustin Abulocion since March 1950.
- The petitioners' claims were voided when Lot No. 1 was declared p...continue reading
Case Digest (G.R. No. L-9953)
Facts:
The case involves Agustin Abulocion, Anacoreta de Abulocion, and Fabio Burgos as petitioners against the Court of First Instance of Iloilo, the Provincial Sheriff of Iloilo, and Carlos Legislador as respondents. The events leading to this case began with a land registration case (No. V-5, G.L.R.O. Rec. No. 55804) concerning Lots 1 and 2 located in the sitio and barrio of Dangola-an, Anilao, Iloilo. The applicants in this case were Alfredo Apurada and the heirs of Benedicto Apurada, while the oppositors included Pablo Arandilla, Santiago Arandilla, and the Directors of Lands, Forestry, and Fisheries. The court ruled in favor of the applicants, granting them ownership of Lots 1 and 2, except for a 12-hectare fishpond area within Lot No. 1, which was awarded to the oppositors. This decision was appealed to the Court of Appeals and subsequently to the Supreme Court, which affirmed the ruling regarding Lot No. 2 but reversed the decision concerning Lot No. 1, declaring it public land.
In August 1955, Agustin Abulocion discovered that Lot No. 1 had been declared public land and applied for a lease or fishpond permit for the area he had been occupying. However, he learned that a 10-hectare portion of Lot No. 1 was already covered by a fishpond permit issued to Carlos Legislador. Abulocion requested an investigation into the conflicting claims, which was postponed. On August 17, 1955, the Provincial Fiscal filed an ex-parte motion for a writ of possession for the fishpond area, which the court granted. The Deputy Provincial Sheriff executed the writ on August 18, 1955, delivering possession to Legislador's representative, Marcelino Montano. The Abulocions claimed they had invested significantly in the fishpond since 1944, having acquir...