Case Digest (G.R. No. 191299-191302)
Facts:
Norma S. Factor, Fe S. Factor, Honesto Factor De Leon, Marilyn Factor Burgos, Rueben Ma. Factor, Beatriz F. Chan and Narciso S. Factor, Jr. v. Antonio V. Martel, Jr., G.R. No. 161037, February 04, 2008, the Supreme Court Second Division, Quisumbing, J., writing for the Court.The petitioners are members of the Factor family who in 1975 filed Land Registration Case No. N-9049 in the Pasig RTC (formerly RTC of Rizal) to register and confirm ownership of certain parcels of land which they claimed to have possessed since time immemorial. The registered owner of the parcel that eventually became subject of dispute was Benito J. Lopez, who on December 29, 1993 sold the land to Antonio V. Martel, Jr. for P75,000,000. Martel, Jr. subdivided the parcel into five lots, from which individual titles issued, including TCT Nos. T-69568 and T-69572 (the lots at issue).
In December 1994 the Pasig RTC issued a Decision in LRC No. N-9049 granting registration in favor of the Factors; that decision, however, was subsequently the subject of motions and litigation and, on January 27, 1997, the Pasig RTC issued an order reconsidering and setting aside the December 8, 1994 Decision and dismissing the case. Relying on the Pasig RTC order confirming Lopez’s ownership (and ultimately the chain of title leading to Martel, Jr.), Martel, Jr. filed an ex parte petition in the RTC of Las Piñas City, Branch 202, docketed as LRC Case No. 02-0030 (filed March 15, 2002), for the issuance of a writ of possession over TCT Nos. T-69568 and T-69572.
The Las Piñas RTC initially denied the writ in a Decision dated August 26, 2002, but subsequently granted Martel, Jr.'s motion for reconsideration in a Resolution dated September 27, 2002 and ordered the issuance of a writ of possession in his favor. The Factors appealed to the Court of Appeals via a petition for certiorari. On October 16, 2003 the Court of Appeals denied the petition, and on December 9, 2003 it denied reconsideration. While the appellate proceedings were pending, Martel, Jr. sold the lots to Pepito L. Ng on August 17, 2003; Ng later substituted in the petition before this Court.
The petitioners challenged (1) the issuance of the writ of possession in LRC Case No. 02-0030 and (2) w...(Subscriber-Only)
Issues:
- Whether or not the Court of Appeals erred in issuing a writ of possession in LRC Case No. 02-0030?
- Whether or not a petition for the issuance of a writ of possession is a proper action to take possession of the properties subje...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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