Title
Arnado vs. Court of 1st Instance, Cebu
Case
G.R. No. L-38317
Decision Date
Sep 22, 1976
Land dispute between Marcelino Arnado and Marcela Arrogancia; court ruled for Marcela. Years later, Marcelino's heirs contested a demolition order, claiming lack of jurisdiction and due process. SC annulled the order, citing finality of judgment and co-ownership rights.
Font Size:

Case Digest (G.R. No. L-38317)

Facts:

  1. Initial Dispute Over Land Ownership:
    In 1956, Marcelino Arnado (petitioner) filed a case against his mother, Marcela Arrogancia, before the Court of First Instance of Cebu, seeking possession and ownership of a parcel of land in Tabuelan, Cebu. The court ruled in favor of Marcela, declaring her the sole and exclusive owner of the property and dismissing Marcelino's complaint. Marcelino was also ordered to pay his mother P300.00 as attorney's fees.

  2. Appeal and Affirmation:
    Marcelino appealed the decision to the Court of Appeals, which affirmed the lower court's ruling on May 10, 1965. The judgment was subsequently executed.

  3. Subsequent Intrusion and Motion for Alias Writ of Execution:
    On February 1, 1972, the private respondents (Marcela's heirs) filed a motion for an alias writ of execution, alleging that Marcelino's wife had entered the property, built a house, and refused to vacate despite demands.

  4. Order for Demolition:
    On November 23, 1973, the respondent court issued an order directing the deputy sheriff to turn over the physical possession of the property to the private respondents and to remove the house built by Marcelino's wife.

  5. Petition to Annul the Order:
    Marcelino's heirs filed the present petition to annul the November 23, 1973 order, arguing that it was issued without jurisdiction and was patently null and void.

  6. Private Respondents' Manifestation:
    The private respondents later manifested that they no longer wished to pursue the demolition of the house and were instead interested in partitioning the land among themselves and Marcelino's heirs.

Issue:

  1. Whether the respondent court had jurisdiction to issue the November 23, 1973 order for demolition after the judgment in the original case had already been executed and the file closed.
  2. Whether the order for demolition was valid, considering that the intrusion by Marcelino's wife occurred after the judgment had become final and executory.
  3. Whether the private respondents should have filed a separate action instead of seeking an alias writ of execution after the lapse of eight years from the finality of the judgment.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.