Case Digest (G.R. No. 62556)
Facts:
- Petitioner Venancio Gonzales was initially denied due process but ultimately granted a writ of possession for a property awarded to him by the People's Homesite and Housing Corporation (PHHC).
- Respondents are Julian Aguilar, Rafael Santos, Mario Santos, and Vicente Santos, who acquired the property in good faith.
- On February 4, 1957, PHHC awarded Lot 29, Block E-418 to petitioner Gonzales.
- The award was later cancelled and the lot was "re-awarded" to Esteban Raterta, who sold the property to the respondents.
- Gonzales filed a case in the Court of First Instance of Rizal, seeking to have PHHC execute a contract of sale in his favor.
- The trial court dismissed the case but ordered PHHC to reimburse Gonzales for the amount he paid for the lot.
- Gonzales appealed the decision to the Court of Appeals, which ruled in his favor on January 31, 1969, declaring him the legal and rightful awardee of the lot and ordering PHHC to execute a contract to sell in his favor.
- During the pendency of the case, the property was sold to the respondents.
- Gonzales filed a motion for writ of possession based on the Court of Appeals' decision.
- The trial court granted the motion and issued a writ of possession in favor of Gonzales.
- The respondents filed a petition with the Court of Appeals, seeking to set aside the writ of possession.
- The Court of Appeals initially denied the petition but later granted a motion for reconsideration and set aside the writ of possession.
Issue:
- (Unlock)
Ruling:
- The court ruled in favor of Gonzales on all t...(Unlock)
Ratio:
- Regarding the issue of due process, the court found that although there were procedural lapses in the case, Gonzales was not wholly deprived of a fair and reasonable opportunity to explain his side of the controversy.
- Gonzales was given the opportunity to file a comment, two motions for reconsideration, and a memorandum, which satisfied the requirement of due process.
- On the issue of the writ of possession, the court held that Gonzales was entitled to it because the decision of the Court of Appeals had already been executed by PHHC, resulting in the issuance of a new title in Gonzales' name.
- The court also noted that the writ of possession is a complement to the writ of execution and is necessary for the effective enforcement of the judgmen...continue reading
Case Digest (G.R. No. 62556)
Facts:
The case of Gonzales v. Court of Appeals involves petitioner Venancio Gonzales, who was granted a writ of possession for a property awarded to him by the People's Homesite and Housing Corporation (PHHC). The facts of the case are as follows: On February 4, 1957, PHHC awarded Lot 29, Block E-418 to petitioner Venancio Gonzales. However, the award was later cancelled and the lot was "re-awarded" to Esteban Raterta, who sold the property to the respondents Rafael, Mario, and Vicente Santos. Gonzales filed a case in the Court of First Instance of Rizal, seeking to have PHHC execute a contract of sale in his favor. The trial court dismissed the case but ordered PHHC to reimburse Gonzales for the amount he paid for the lot. Gonzales appealed to the Court of Appeals, which ruled in his favor and declared him the legal and rightful awardee of the lot. During the pendency of the case, the lot was sold to Dalmacio Raterta, who then sold it to the Santos brothers. Gonzales filed a motion for writ of possession based on the decision of the Court of Appeals, which was granted by the trial court. The Santos brothers filed a petition with the Court of Appeals to set aside the writ of possession.
Issue:
The main issues raised in the case are: (1) whether there was a denial of due process in the issuance of a resolution on the merits without requiring Gonzales to file an answer; (2) whether Gonzales is entitled to a writ of possession; and (3) whether the Court of Appeals committed an error...