Title
Angelo vs. Alfaro
Case
G.R. No. L-6850
Decision Date
Aug 4, 1954
Land registration case: Lot 7 awarded to Bautista heirs in 1943; Alfaro's appeal unperfected, reconstitution based on his record upheld, writ of possession issued. SC affirmed finality.
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Case Digest (G.R. No. L-6850)

Facts:

  1. Land Registration Case:

    • Before 1943, a decision was rendered in Land Registration Case No. 894, G.L.R.O. Record No. 47320, adjudicating Lot No. 7 in favor of applicants Amparo, Beatriz, and Felix Bautista y Angelo.
    • In 1943, Pablo Alfaro filed a motion for revision or reconsideration of the decision, which was denied on June 19, 1943.
    • In August 1943, Alfaro filed a record on appeal, but no further action was taken.
  2. Reconstitution of Records:

    • In March 1951, the applicants filed a motion to reconstitute the lost or destroyed records of the case based on Alfaro's record on appeal.
    • Alfaro was granted extensions to file his opposition but failed to do so.
    • On July 6, 1951, the applicants moved to declare the records reconstituted.
  3. Writ of Possession:

    • On July 12, 1951, the applicants moved for a writ of possession, arguing that the decision adjudicating Lot No. 7 to them was final and executory, as Alfaro's appeal was not perfected.
    • Alfaro opposed, claiming the records had not been reconstituted.
  4. Reconstitution Order:

    • On November 27, 1951, Alfaro submitted a statement leaving the reconstitution to the court's discretion.
    • On December 5, 1951, the court declared the records reconstituted based on Alfaro's record on appeal.
  5. Motion for Reconsideration:

    • On December 12, 1951, Alfaro filed a motion for reconsideration, but it was not set for hearing until February 23, 1952.
    • The applicants objected, arguing the reconstitution order was final.
  6. Final Order:

    • On April 30, 1952, the court ruled that the reconstitution order was final and executory and directed the issuance of a writ of possession.
    • Alfaro appealed, arguing errors in the reconstitution process and the denial of his motion for reconsideration.

Issue:

  1. Whether the lower court erred in the manner of reconstituting the case and ordering the issuance of a writ of possession.
  2. Whether the lower court erred in not considering Alfaro's motion for reconsideration of the December 5, 1951, reconstitution order.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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