GR L 7595; (May, 1955) (Digest)
G.R. No. L-7595 May 21, 1955
TEODORA DEMORAR, petitioner, vs. THE HONORABLE JUDGE ROMAN IBAÑEZ OF THE COURT OF FIRST INSTANCE OF ILOILO and GREGORIO PORAS, respondents.
FACTS
Petitioner Teodora Demorar filed an answer in Cadastral Case No. 88, G.L.R.O. 1565, claiming Lot No. 2529. The lot was uncontested, and a general order of default was issued. On November 8, 1951, Demorar presented her evidence, and the lot was adjudicated to her by decision. This decision became final and executory, as shown by an order dated October 20, 1953, for the issuance of the corresponding decree. On February 10, 1954, Demorar filed a motion for a writ of possession against respondent Gregorio Poras or his successor-in-interest, alleging that Poras was in unlawful possession of the lot when the judgment became final and executory and even before that time. Respondent Judge Roman Ibañez denied the motion on February 14, 1954, despite no opposition from Poras. A motion for reconsideration was also denied on February 17, 1954. The Supreme Court, upon its own direction, obtained copies of the orders and the decision, which revealed that the motion was denied because Demorar’s evidence showed she was in possession of the lot at the time of the 1951 hearing. The Court surmised that while Demorar was in possession in 1951, Poras had unlawfully entered the land by the time of the decree’s issuance in 1953.
ISSUE
Whether the respondent Judge has a duty to issue a writ of possession in favor of the successful claimant in a land registration case against a person unlawfully occupying the land up to the issuance of the final decree.
RULING
The petition for mandamus is granted. The Supreme Court held that a writ of possession may be issued not only against the person defeated in the registration case but also against anyone adversely occupying the land or any portion thereof during the land registration proceedings, which include the period up to the issuance of the final decree. The issuance of the decree is part of and ends the registration proceedings. Consequently, any person unlawfully and adversely occupying the lot at any time up to the issuance of the final decree may be subject to judicial ejectment via a writ of possession, and it is the duty of the registration court to issue such writ when requested by the successful claimant. The respondent Judge or his successor is directed to issue the writ of possession over Lot 2529 in favor of petitioner Demorar. No costs.