Case Summary (G.R. No. L-21170)
Overview of Proceedings
On May 22, 1962, respondents filed an action in the Court of First Instance of Ormoc City (Civil Case 546-0), seeking recovery of possession of the contested land, along with damages and attorney’s fees. Petitioners denied the allegations, asserting that they occupied Lot No. 10103 instead, which was covered by Original Certificate of Title No. P-66 and owned by them.
Compromise Agreement and Court Decision
The trial court called for trial, during which both parties reached a compromise agreement. This agreement involved the appointment of a licensed surveyor and a court commissioner to determine the boundaries and possession of both contested lots. The trial court rendered a decision on September 21, 1962, in line with the compromise, ordering that any trespasses identified would require the encroaching party to pay the surveyor’s fee proportionately based on the extent of the trespass.
Execution of Court Order and Subsequent Filings
Following a survey that indicated the petitioners were occupying a portion of Lot No. 10266, the trial court issued an order on January 15, 1963. The order required the petitioners to pay the surveyor’s fee. Petitioner subsequently filed a motion for reconsideration, arguing errors in the relocation process and lack of notice to adjoining owners. However, the court denied this motion.
Appeal and Challenges
Petitioners attempted to appeal the lower court's order but faced procedural hurdles. Their motions were deemed untimely, as the January 15 order had become final and executory. Following further denial of motions for reconsideration, the petitioners sought a writ of certiorari to challenge the lower court's orders.
Change in Petitioners' Position
Amid ongoing proceedings, on September 14, 1964, petitioners filed a manifestation indicating their decision to forgo any claims to the contested land, stating their intention to relocate and sell their property. They formally terminated their counsel’s services, explicitly expressing their disinterest in pursuing the case further.
Dismissal of Petition
Respondents subsequent
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Case Background
- On May 22, 1962, respondents Remigio Bacunal and Generosa Venceslao-Bacunal initiated an action for the recovery of possession against petitioners in the Court of First Instance of Ormoc City, under Civil Case 546-0.
- The respondents sought possession of a five-hectare portion of Lot No. 10266, covered by Transfer Certificate of Title No. 4067, claiming ownership and seeking damages and attorney's fees.
- Petitioners denied the allegations, asserting that the land they occupied was Lot No. 10103, which they claimed to possess and own in common, supported by Original Certificate of Title No. P-66.
Compromise Agreement
- During trial, the parties reached a compromise agreement that outlined the following key points:
- Appointment of a licensed surveyor, Porfirio Ayuyao, to relocate Lots Nos. 10266 and 10103.
- Appointment of a court commissioner, Iluminado Dumagsa, to oversee the relocation process.
- The surveyor's maps would show the portions occupied by both parties and any third persons.
- Adjacent landowners would be notified of the relocation date for possible attendance.
- Upon completion of the survey, the party found to be trespassing would be responsible for the surveyor's fees, which were set at P200.00, or costs would be shared proportionately based on the extent of trespass.
Court Decision
- The trial court rendered a decision on September 21, 1962, in accordance with the compromise agreement