Case Digest (G.R. No. L-45947)
Facts:
Mariano Avila and Magdalena Avila v. Hon. Lauro L. Tapucar, Julito Bahan, Cristina Bahan-Panis, Lucita Cartera, Boy Cartera and Candelaria Bahan-Mendoza, G.R. No. L-45947. August 27, 1991, the Supreme Court Third Division, Bidin, J., writing for the Court.Petitioners Mariano and Magdalena Avila (the Avilas) are purchasers and long-time possessors (since 1960) of a parcel in Tabangao, Victory, Tubay, Agusan del Norte. Respondents Julito Bahan et al. (the Bahans) are heirs of Pedro Bahan who, in 1971, filed Free Patent Application No. (IX-2) 10144 over Lot No. 2383 (total 6.9027 has.), and later received Free Patent No. 552571 and Original Certificate of Title (O.C.T.) No. P-8424 on December 6, 1973.
While the quieting-of-title suit (Civil Case No. 1585) by the Bahans against the Avilas was pending in the Court of First Instance of Agusan del Norte and Butuan City (Branch I), the Avilas obtained a writ of preliminary injunction on January 14, 1974 (issued January 23, 1974) enjoining the Bahans from harvesting fruits on the land the Avilas occupied; the Avilas posted a P1,000 cash bond. The Bahans, meanwhile, successfully had the patent issued and the title transcribed in the local registration book pursuant to Section 41 of Act No. 496 on March 13, 1974.
The Bahans moved to dissolve the preliminary injunction. They relied on the patent and O.C.T. obtained during pendency of the case; the Avilas filed an administrative protest with the Bureau of Lands against the patent. On December 13, 1976 the Bureau of Lands issued an order declaring Free Patent No. 552571 erroneous insofar as it included portions that rightfully belonged to the Avilas and directing steps for cancellation or amendment of the patent and certificate of title.
Despite that administrative order, on February 8, 1977 Judge Lauro L. Tapucar dissolved the writ of preliminary injunction, ordered the P1,000 bond released to the Bahans, and set the case for continuation of trial; his March 4, 1977 order denied the Avilas’ motion for reconsideration. The Avilas filed a special action for certiorari in the Supreme Court, alleging grave abuse of discretion amounting to lack or excess of jur...(Subscriber-Only)
Issues:
- Did Judge Tapucar commit grave abuse of discretion amounting to lack or excess of jurisdiction in dissolving the writ of preliminary injunction?
- Does issuance and registration of Free Patent No. 552571 and O.C.T. No. P-8424 in favor of the Bahans during the pendency of the quieting-of-title suit render their title indefeasible and justify di...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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