G.R. No. L-3734; August 14, 1950
JOSE L. TALENS, petitioner, vs. FELIPE GARCIA AND THE COURT OF FIRST INSTANCE OF NUEVA ECIJA, respondents.

FACTS

Felipe Garcia filed a complaint to annul a deed of sale of a homestead lot executed by Laureano Estefanio in favor of Jose L. Talens, after Estefanio had previously sold the same lot to Garcia. The Court of First Instance initially declared the sale to Talens null and void and ordered the conveyance to Garcia. On appeal, the Court of Appeals reversed the decision and absolved Talens from the complaint. After this decision became final, Talens filed a motion in the trial court for a writ of possession to evict Garcia and recover the land. The trial court, through Judge Nable, granted the motion only for the collection of costs but denied it as to possession, noting that the Court of Appeals’ decision did not contain any specific order for the return of possession to Talens.

ISSUE

Whether the trial court can be compelled, via mandamus, to issue an order for the delivery of possession of the land to Talens based solely on the Court of Appeals’ decision absolving him from the complaint.

RULING

No. The Supreme Court denied the petition for mandamus. The Court held that the judgment of the Court of Appeals, while absolving Talens and implicitly declaring the sale to him valid (and possibly his ownership), did not include an adjudication or order for the delivery of possession. Under Rule 39, Section 45 of the Rules of Court, only what appears on the face of the judgment or was actually and necessarily included therein is deemed adjudged. The Court noted that ownership does not automatically equate to a right to immediate possession, especially where the possessor (Garcia) might have claims, such as for necessary improvements, that should first be resolved. The trial judge correctly refrained from ordering restitution, as the appellate decision did not close all doors for the parties to protect their respective interests.

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