G.R. No. L-45255 - Heirs of Avila vs. Court of Appeals

In 1939, the Court of First Instance of Misamis Oriental, acting as a cadastral court, adjudicated Lots 594 and 828 of the Cadastral Survey of Cagayan in favor of Paz Chavez.
Paz Chavez’s failure to pay property taxes on Lot 594 prompted the government to offer the lot for sale at a public auction.
Marciana G. Avila, a public school teacher (wife of Leonardo Avila and mother of the petitioners), participated in the auction and won the bidding for Lot 594—even though Section 579 of the Revised Administrative Code prohibited public school teachers from purchasing delinquent properties.
On February 20, 1940, following the expiration of the redemption period, the Provincial Treasurer executed the final bill of sale in Marciana Avila’s favor.

In 1947, despite the earlier sale, OCT Nos. 100 and 101 covering Lots 594 and 828 were issued in favor of Paz Chavez.
Private respondents challenged the issuance by filing a petition for review with the Court of First Instance in Misamis Oriental, Branch II, under Cadastral Case No. 17, Lot No. 594.
After a hearing, the cadastral court set aside its December 13, 1940 decision and annulled Decrees Nos. 433 and 434 (issued on June 19, 1947), cancelling the title issued to Paz Chavez.
The decision then adjudicated Lot 594 to the heirs of the late Marciana Avila and Lot 828 to Leonardo Avila, Sr., subject to any rights of way or easements acquired by the government.

Paz Chavez appealed the cancellation decision, which was docketed as CA-G.R. No. 38129-R in the Court of Appeals on March 20, 1974.
In that decision, while the adjudication of the lots in favor of the petitioners was affirmed, the registration of Lot 594 in Marciana Avila’s name was disallowed due to the legal prohibition on her participation in the tax sale.
On remand, after the Court of Appeals remanded the records to the lower court, Avila moved for execution of the decision and for the issuance of a writ of possession.
Paz Chavez opposed the writ of possession, a position succeeded by private respondent Aladino Ch. Bacarrisas—who claimed actual physical possession of Lot 594, having occupied it since 1946.

The private respondent filed an urgent motion for the correction of the writ of execution; this was denied by the court.
Consequently, a certiorari and mandamus with preliminary injunction suit (docketed as CA-SP-05598) was filed, questioning the legal basis for the writ of execution on Lot 594.
The Court of Appeals, in its October 6, 1976 Decision, held that since the previous CA decision had disallowed the registration in Marciana Avila’s name, there was no decree or judgment of confirmation of title authorizing the issuance of a writ of possession.
The petitioners then filed a motion for reconsideration, which was denied, leading to the present petition for review on certiorari before the Supreme Court.

Whether the separation between adjudication and registration, as maintained in the March 20, 1974 decision, entitles the petitioners to possession of Lot 594 despite the disallowance of registration.
Whether Marciana Avila’s participation in an illegal transaction (prohibited under Section 579 of the Revised Administrative Code) affects her heirs’ right to claim possession.

Whether the issuance of a writ of possession—considered an extension of execution in registration cases—was proper given that the petitioners had not secured a decree or judgment of confirmation of title over Lot 594.
Whether the legal basis for the writ of execution, considering the prior modification of the decision by the Court of Appeals, was sufficient.

Whether the remedy of certiorari was proper in reviewing the writ of execution issued on a decision that already had its registration component disallowed.
Whether there has been a grave abuse or arbitrary exercise of discretion in the issuance of the writ, warranting its annulment.