Case Digest (G.R. No. L-6850)
Facts:
The case involves Amparo Bautista Angelo, Beatriz Bautista Angelo, and Felix Bautista Angelo as applicants and appellees against Pablo Alfaro, the oppositor and appellant. The events leading to this case began before 1943 when a decision was rendered in land registration case No. 894, G.L.R.O. Record No. 47320, which adjudicated Lot No. 7 in favor of the Bautista Angelo applicants. Following this decision, Pablo Alfaro filed a motion for reconsideration on June 19, 1943, which was denied. In August 1943, Alfaro filed a record on appeal, but no further action was taken on this appeal.
On March 19, 1951, the Bautista Angelo applicants filed a motion to reconstitute the lost or destroyed records of the case based on the record on appeal submitted by Alfaro. The court granted Alfaro extensions to file his opposition to this motion, but he failed to do so. Consequently, on July 6, 1951, the applicants requested the court to declare the record reconstituted and sought a writ of ...
Case Digest (G.R. No. L-6850)
Facts:
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.
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.
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.
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.
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.
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:
- Whether the lower court erred in the manner of reconstituting the case and ordering the issuance of a writ of possession.
- 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)