Case Digest (G.R. No. 210504)
Facts:
In Heirs of Alfonso Yusingco, represented by their Attorney-in-Fact Teodoro K. Yusingco, vs. Amelita Busilak, Cosca Navarro, Flavia Curayag and Lexberto Castro (G.R. No. 210504, January 24, 2018), the petitioners are the heirs of Alfonso Yusingco who filed five consolidated complaints for accion publiciana and/or recovery of possession on August 11, 2005, against the respondents occupying three parcels of land (Lot Nos. 519, 520 and 1015) in Barangay Taft, Surigao City. The petitioners alleged they inherited and possessed the lots before World War II but lost actual possession during the war. After the war, they discovered unauthorized occupants and, while their title was pending in earlier accion reivindicatoria cases, they allegedly tolerated the respondents’ illegal occupation due to lack of resources. Following final judgments in favor of the petitioners in those prior suits, the respondents still refused to vacate. At the Municipal Trial Court in Cities (MTCC), Branch 1, S
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Case Digest (G.R. No. 210504)
Facts:
- Parties and Subject Matter
- Petitioners: Heirs of Alfonso Yusingco, represented by their attorney-in-fact Teodoro K. Yusingco, claiming ownership over Lots 519, 520 and 1015 in Barangay Taft, Surigao City, inherited from their predecessor.
- Respondents: Amelita Busilak, Cosca Navarro, Flavia Curayag and Lexberto Castro (and Reynaldo Peralta, Adriano Solamo), occupying portions of the same lots without petitioners’ consent.
- Factual and Procedural History
- On August 11, 2005, petitioners filed five consolidated complaints for accion publiciana and/or recovery of possession before the MTCC, alleging prior possession before WWII, loss during the war, judicial declaration of ownership in Civil Case No. 1645 (CI) and CA-G.R. CV No. 66508-R, and respondents’ subsequent illegal occupation.
- Respondents asserted over 30 years of possession, denied petitioners’ title and claimed superior possessory rights.
- MTCC, Branch 1, Surigao City, rendered an Omnibus Judgment (Feb. 25, 2011) ordering respondents to vacate, remove improvements and pay monthly compensation.
- RTC, Branch 30, Surigao City, affirmed with modification as to certain respondents (Aug. 17, 2011).
- CA, in CA-G.R. SP No. 04500, set aside the RTC decision and dismissed the consolidated cases for lack of merit (July 31, 2013).
- Petitioners filed a petition for review on certiorari under Rule 45, now before the Supreme Court (Jan. 24, 2018).
Issues:
- Whether the final and executory judgments in the prior accion reivindicatoria declaring petitioners as owners are binding on respondents who were not parties thereto.
- Whether respondents, as alleged long-time possessors, have a better right to possession than petitioners despite petitioners’ judicially declared ownership.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)