GR 42324; (September, 1934) (Digest)
G.R. No. 42324 ; September 28, 1934
VENANCIO P. WAGAN and VENANCIO GARCIA, petitioners, vs. CRISPULO SIDECO and BENITO NATIVIDAD, Judge of First Instance of Nueva Ecija, respondents.
FACTS
Respondent Crispulo Sideco applied for registration of title to Hacienda del Progreso. Petitioners and others, claiming ownership of specific portions they actually possessed within the hacienda, filed oppositions. While the registration case was pending, Sideco obtained a writ of preliminary injunction from the respondent judge, restraining petitioners and others from interfering with possession of the hacienda and from gathering unharvested palay. Petitioners’ motions for reconsideration and dissolution were denied. Subsequently, Sideco filed a motion for contempt against petitioners for allegedly violating the injunction. After a hearing, the court found petitioners guilty of contempt and fined them. Petitioners filed this petition for certiorari to annul the injunction and contempt orders.
ISSUE
Whether the respondent judge acted in excess of jurisdiction or with grave abuse of discretion in: (1) issuing the writ of preliminary injunction, and (2) finding petitioners guilty of contempt for violating said injunction.
RULING
Yes. The petition is granted.
1. The respondent judge had jurisdiction under the Land Registration Act to issue injunctions in registration cases. However, he acted in excess of that jurisdiction or with grave abuse of discretion. The established doctrine is that an injunction is not a proper remedy to recover possession of real property from actual occupants who claim title or interest therein. It violates the legal presumption that a bona fide possessor holds the property under a claim of ownership. Here, petitioners were in actual possession of specific portions, as shown by evidence. The injunction effectively dispossessed them in advance of adjudicating title, which is unjustified.
2. Consequently, the orders holding petitioners in contempt for violating the improperly issued injunction are also set aside. The writ of preliminary injunction issued by the lower court is annulled with respect to the petitioners. Costs against respondent Sideco.
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