Case Digest (G.R. No. L-72721)
Facts:
Gawaran v. Intermediate Appellate Court, G.R. No. 72721, June 16, 1988, Supreme Court Second Division, Yap, C.J., writing for the Court. The petitioners are Emiliano Gawaran, Magdalena Gawaran, Delfin Gawaran, Fernando Gawaran, Augusto Gawaran and Virginia Gawaran, suing in substitution of their deceased oppositor Feliciana Gervasio Vda. de Gawaran; the respondents include the Honorable Intermediate Appellate Court (Third Special Cases Division), Hon. Alejandro C. Silapan, Presiding Judge, Regional Trial Court, Branch XVI, Cavite City, and private respondents Dominga F. Santos, Crispina Santos, Generoso Santos, Teodoro Santos, Rufino Santos, Magdalena Santos, Marcelo Santos and Presentacion Santos.In 1959 the private respondents filed an application for registration and confirmation of title over four lots including Lot No. 2, PSU-173975 in Digman, Bacoor, Cavite. The petitioners opposed registration only as to Lot No. 2, where they occupied a residential house and a camarin. After trial the Regional Trial Court awarded Lot No. 2 to the oppositors (the petitioners). The private respondents appealed to the Court of Appeals, which reversed and confirmed ownership of Lot No. 2 in the names of the private respondents (CA-G.R. No. 54221-R). The petitioners then sought relief in this Court in G.R. No. 56312, but that petition was dismissed and judgment was entered on May 24, 1982.
Pursuant to the appellate dispositions, on January 13, 1984 an order for issuance of a decree in favor of the private respondents was entered and Original Certificate of Title No. O-2123 was issued in their names, including Lot No. 2. Despite registration and issuance of title, the petitioners continued in actual possession of Lot No. 2. On motion of the private respondents the Regional Trial Court, Branch 16, Cavite City, issued on March 19, 1985 a writ of possession directing the oppositors to dismantle and remove their buildings and to vacate the premises within thirty (30) days under pain of demolition.
The petitioners filed a petition for certiorari and prohibition with the then Intermediate Appellate Court (docketed AC-G.R. Sp. No. 06092) to annul the writ of possession with special order of demolition. The Intermediate Appellate Court dismissed the petition on July 17, 1985 and denied reconsideration on October 22, 1985. The petitioners then broug...(Subscriber-Only)
Issues:
- In a land registration case, does a judgment declaring and adjudicating ownership and ordering registration necessarily include the right of possession?
- Can oppositors who remained in possession after adjudication claim the status of builders in good faith under Article 2148 of the Civil Code to avoid removal and demolition o...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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