G.R. No. 196461 - Vicente vs. Acil Corp.

Acil Corporation acquired Lot 297, a 9,173-square meter parcel in Barrio Talomo, Davao City, on December 10, 1985 and was issued Transfer Certificate of Title No. T-120730.
Warlito C. Vicente acquired Free Patent No. 112402-91-1(W) for adjacent Lot 10375 (8,619 square meters) and was issued Original Certificate of Title No. P-13257 on March 27, 1991.

On May 2, 1994, Acil filed Civil Case No. 22,866-94 against Vicente, the DENR Regional Executive Director, and the Register of Deeds for cancellation of title and recovery of possession, alleging Lot 10375 formed by accretion to Lot 297 and DENR had no authority to issue the free patent.
Acil alleged clandestine encroachment by Vicente on Lot 297 and presented a June 15, 1993 survey by Engr. Agustin M. Vedua showing the encroachment by parallel diagonal lines.
In his answer, Vicente asserted the validity of his title and contended Lot 297 had become foreshore land and part of the public domain.

The RTC dismissed Acil's complaint in a Decision dated July 5, 1999 for failure to prove accretion of Lot 10375 to Lot 297.
Acil appealed to the Court of Appeals in CA-G.R. CV No. 70355.
The CA, in a Decision dated September 12, 2003, declared Vicente lawful owner of Lot 10375 but held he encroached upon an area of approximately 4,237 square meters of Lot 297 and ordered him to vacate and deliver possession of that portion to Acil.

Both parties filed petitions for review to the Supreme Court (G.R. Nos. 164750 and 164894), which were denied in a Resolution dated November 14, 2005; the judgment became final and executory on October 6, 2006.
Acil moved for execution (motion dated July 28, 2007) and the RTC issued a Writ of Execution dated May 23, 2008 directing the sheriff "to levy the goods, chattels and real properties of defendants," which Vicente later claimed was at variance with the CA decision.

On June 18, 2008 Vicente filed an Urgent Motion to Quash and Enjoin Implementation of Void Writ of Execution asserting the writ did not conform to the CA decision and that a prior survey was required to fix the encroached portion.
Acil agreed the May 23, 2008 writ varied from the CA decision and sought amendment; Vicente opposed amendment, insisting on determination of area first.
Acil moved on July 14, 2008 for appointment of a geodetic engineer (Engr. Vedua) to survey; later proposed a DENR geodetic engineer to lead a team with two engineers chosen by the parties.
Acil conducted a verification survey through Engr. Vedua before RTC action and submitted a sketch plan showing an encroachment of 6,269 square meters.
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Whether the Court of Appeals erred in dismissing Vicente's petition for certiorari challenging the RTC's refusal to appoint a surveyor and its order to issue a writ of execution.

Vicente contended the May 23, 2008 writ of execution was defective because it directed levy of goods, chattels, and real properties instead of ordering delivery of possession of the encroached land as requir...(Subscriber-Only)