G.R. No. 202859 - New Filipino Maritime Agencies, Inc. vs. Datayan

Jessie B. Castillo, Municipal Mayor of Bacoor, Cavite, sent a letter dated 29 May 2001 to COSLAP Commissioner Ernesto A. Cardiao, requesting urgent intervention in a land dispute at Green Valley Subdivision, San Nicolas, Bacoor, Cavite.
The complaint alleged that squatters, claiming to have purchased lots from the estate of the late Don Hermogenes Rodriguez, had invaded the subdivision, creating a squatter colony and barring legitimate lot owners from accessing their property.
The squatters were allegedly represented by Henry Rodriguez, who claimed ownership over a large part of Bacoor, including the subdivision land, based on a Spanish title, and sold lots to unwitting buyers.
Armed security guards reportedly prevented registered owners and residents from entering properties and charged money for peaceful possession.

The complaint was docketed as COSLAP Case No. 2001-05-46. COSLAP initiated a series of mediation conferences involving disputing parties.
On 29 June 2001, Attorney Larry Pernito represented the Rodriguez Estate and raised the lack of jurisdiction of COSLAP, stating the matter was already settled in the estate’s intestate proceedings.
Representatives from Green Valley Homeowners Association, Inc. and Southrich Acres, Inc., owners of specific subdivision lots, insisted their Torrens titles be recognized.
Subsequent conferences saw only complainants appear, and COSLAP directed submission of position papers, only complied with by complainants.
On 30 July 2001, COSLAP issued a Resolution ruling in favor of complainants and ordered respondents to vacate the premises, cease deploying armed guards, erecting fences/signboards, and collecting fees for occupancy or sale of lots.
COSLAP affirmed its jurisdiction invoking Paragraph 2, Section 3 of Executive Order No. 561, which gives it jurisdiction over critical and explosive land disputes.

On 23 October 2001, COSLAP issued a Writ of Execution directing the Regional Trial Court (RTC) Sheriff and Philippine National Police (PNP) to enforce the July 30, 2001 Resolution.
Sheriff Edwin A. San Miguel reported service of the writ and a ten-day notice to vacate the squatters, who refused to leave or remove structures.
On 21 January 2002, Eduardo Cabesa Abear and 106 others filed a Rule 47 petition before the Court of Appeals (CA-G.R. SP No. 68640) seeking nullification of COSLAP’s resolution.
On 4 February 2002, the Court of Appeals denied the petition on grounds of improper remedy and lack of jurisdiction.
Due to non-compliance and the CA’s decision, COSLAP issued a Writ of Demolition on 29 January 2003, ordering removal of the illegal structures.

On 21 April 2003, petitioner Concepcion C. Anillo, identifying herself as owner of Lot No. 5825 (553,853 square meters) of the Imus Estate under a deed executed by the Rodriguez Estate and approved by the probate court, received notice to vacate through a caretaker.
Petitioner requested copies of COSLAP’s Resolution, the writ of execution, and writ of demolition.
On 30 April 2003, petitioner filed the instant petition for certiorari, prohibition, and mandamus with a prayer for a temporary restraining order (TRO) and preliminary injunction, naming COSLAP, its commissioners, Sheriff, PNP officials, Mayor Castillo, Barangay Chairman, and Homeowners Associations as respondents.
Grounds advanced were:

COSLAP had no jurisdiction over COSLAP Case No. 2001-05-46 and committed grave abuse of discretion amounting to lack or excess of jurisdiction and extrinsic fraud.
Petitioner was denied due process, never made a party to the COSLAP case, and denied opportunity to contest allegations.
Petitioner and her tenants have actual physical possession and valid ownership claim under a deed of sale from the Rodriguez Estate duly approved by the probate court.

On 15 May 2003, the Supreme Court granted a temporary restraining order enjoining COSLAP from enforcing its resolution, writ of execution, and writ of demolition, conditioned on the posting of bond. Respondents were directed to file opposition to the preliminary injunction.
The petition was directly filed with the Supreme Court despite judicial hierarchy rules directing such cases to proper lower courts first.

Whether COSLAP had jurisdiction over the land dispute under COSLAP Case No. 2001-05-46.
Whether petitioner Concepcion C. Anillo was denied due process for not being made a party to the COSLAP proceedings.
Whether the COSLAP Resolution dated 30 July 2001, writ of execution, and writ of demolition were valid or tainted with grave abuse of discretion amounting to lack or excess of jurisdiction.
Whether the Supreme Court has jurisdiction to entertain the petition directly, bypassing the judicial hierarchy.
Whether the doctrine of res judicata applies to bar the instant petition given the prior dismissal by the Court of Appeals.