Case Digest (G.R. No. 149051) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Biblia T. Banaga v. Hon. Jose S. Majaducon and Candelario S. Damalerio (G.R. No. 149051, June 30, 2006), petitioner Biblia T. Banaga filed an action for redemption of a parcel of land in General Santos City against private respondent Candelario Damalerio before the Regional Trial Court (RTC), Branch 23. The RTC dismissed her complaint, but the Court of Appeals reversed and upheld her right of redemption. After this Court denied private respondent’s petition for review on certiorari in 1992, petitioner failed to redeem within the prescribed period. Private respondent sought termination of the redemption period; the RTC denied it. The Court of Appeals granted private respondent’s certiorari petition, which this Court affirmed, leading to the issuance of a writ of execution and subsequent issuance of title in private respondent’s name. Upon entry of the writ, private respondent took possession and fenced the property. A dispute arose over the boundary between Lot 2-G-2 (private Case Digest (G.R. No. 149051) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Redemption suit and appellate history
- Petitioner Biblia T. Banaga filed an action for redemption of a parcel of land in General Santos City against private respondent Candelario S. Damalerio before the RTC, Branch 23. The RTC dismissed her complaint.
- On appeal, the Court of Appeals reversed and upheld Banaga’s right to redeem. Damalerio’s subsequent petition for review to this Court was denied, but Banaga failed to exercise her redemption right within the prescribed period.
- Contestation of redemption period and execution of final judgment
- Damalerio moved to declare the 30-day redemption period terminated; the RTC denied the motion. The Court of Appeals granted Damalerio’s certiorari petition, and this Court denied Banaga’s appeal for lack of merit, rendering the CA decision final and executory.
- A writ of execution and possession issued; the Register of Deeds initially refused but, after further CA and Supreme Court orders, was directed to issue title to Damalerio. On May 10, 1999, the RTC executed the writs and Damalerio took possession of Lot 2-G-2.
- Boundary dispute, surveys, and assailed orders
- Damalerio sought demolition of structures allegedly encroaching on Lot 2-G-2. Banaga claimed the structures lay on her adjacent Lot 2-G-1. Trial court ordered joint survey; conflicting results prompted parties to agree to a DENR relocation survey.
- Engr. Gerardo Dida’s January 2000 survey found a 136 sqm encroachment of Lot 2-G-1 on Lot 2-G-2. Banaga filed an Urgent Omnibus Motion for verification, which the RTC did not rule on; on August 4, 2000, it approved the DENR report. The court denied Banaga’s notice of appeal (October 2, 2000) and her motion for reconsideration (February 9, 2001). Banaga then filed a special civil action in the CA, which issued a TRO but ultimately dismissed her petition for lack of grave abuse of discretion and ruled execution orders unappealable.
Issues:
- Whether the trial court correctly denied Banaga’s notice of appeal from its August 4, 2000 Order approving the DENR survey report.
- Whether an ordinary appeal or a special civil action for certiorari is the proper remedy to challenge a court order incident to execution proceedings.
- Whether Banaga is estopped or bound by her prior manifestation to abide by the DENR survey findings, thus barring her from appealing.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)