G.R. No. 126462 - Natalia Realty, Inc. vs. Court of Appeals

Natalia Realty, Inc. (petitioner) filed on January 24, 1984 a complaint for recovery of possession (acción publiciana) over two parcels in Sitio Banabas, Antipolo, Rizal (TCT Nos. 31527 & 31528) against Antonio Martinez, Felipe Padua, Mario Perfecto and Hermito Salodega (private respondents).
Trial Court, Branch 74, Antipolo: issued a temporary restraining order on January 30, 1984; private respondents claimed pre-World War II ownership.

August 26, 1991: Judge Ortille dismissed the case for petitioner’s failure to prosecute.
April 20, 1992: Judge Nano ordered petitioner to surrender possession of portions of the property to private respondents.
May 1992: Petitioner’s motion to set aside for excusable oversight; denied March 26, 1993 by Judge Rojas.
April 23, 1993: Petitioner’s certiorari petition to CA (CA-G.R. SP No. 30787); June 18, 1993 Resolution dismissed for inordinate delay and finality; reconsideration denied October 11, 1993; entry of judgment October 20, 1993.

December 27, 1993: Felipe Navarro, disbarred lawyer, filed motion for writ of execution on behalf of private respondents; opposed by petitioner; March 7, 1994: Judge Querubin denied.
Navarro appealed to CA Ninth Division (CA-G.R. CV No. 44915); February 6, 1995 Resolution dismissed his appeal for lack of authority; entry of judgment February 21, 1995.
March 15, 1995: Private respondents’ execution motion; trial court held in abeyance pending CA guidance.
April 17, 1995: Judge Querubin wrote letter-query to CA Ninth Division asking which orders to enforce.
June 27, 1995: CA Ninth Division Resolution identified three final orders to enforce (Aug 26, 1991; Apr 20, 1992; Jun 18, 1993).

July 10, 1995: Petitioner moved to set aside CA Resolution; Judge Querubin on August 3, 1995 (a) granted private respondents’ execution motion per CA directive, and (b) denied Navarro’s motions.
August 21, 1995: Querubin inhibited; case raffled to Judge Caballes, Branch 71.
November 6, 1995: Judge Caballes granted petitioner’s reconsideration citing Natalia Realty vs. DAR decision as supervening.
December 6, 1995: Private respondents filed urgent manifestation for execution with CA Ninth Division.
June 19, 1996: CA Ninth Division reiterated its June 27, 1995 Resolution and required Judge Caballes to explain why he should not be held in contempt.
August 26, 1996: CA Ninth Division denied petitioner’s motion for reconsideration and cautioned Judge Caballes.

January 13, 1997: 359-A Multi-Purpose Cooperative moved to intervene based on assignment from private respondents; consented by private respondents.

Jurisdiction of CA Ninth Division in entertaining Judge Querubin’s letter-query.
Excess of jurisdiction by ordering enforcement of the CA Fifth Division’s June 18, 1993 decision along with trial court orders.
Excess of jurisdiction in the June 19, 1996 Resolution reiterating June 27, 1995 and nullifying Judge Caballes’s order of November 6, 1995.
Grave abuse of discretion in merely noting petitioner’s July 10, 1995 motion instead of setting aside the June 27, 1995 Resolution.
Excess of jurisdiction or grave abuse of discretion in ordering Judge Caballes to show cause for contempt.