G.R. No. L-9704; January 18, 1957
LORENZO LLANOS, petitioner, vs. CLAUDIO SIMBORIO and HON. PATRICIO CENIZA, Judge of the Court of First Instance of Misamis Occidental, respondents.

FACTS

On July 29, 1946, Claudio Simborio filed a complaint for recovery of ownership, possession, and damages against Lorenzo Llanos and others regarding a parcel of land forming part of Simborio’s approved homestead application. The trial court found that Llanos entered the land in 1942 under the pretense of being a war evacuee and later claimed an interest in it. The court declared Simborio the owner and possessor, ordering Llanos to vacate. The Court of Appeals affirmed this decision. Llanos filed a motion for reconsideration, seeking a remand to the trial court to receive evidence on his prior possession and the value of improvements he introduced since 1942. The Court of Appeals denied the motion regarding prior possession but granted it concerning improvements, finding both parties in bad faith—Llanos for illegally entering and Simborio for allowing him to stay and cultivate—and thus treating them as in good faith regarding improvements under Article 364 of the Civil Code. It ordered a remand to determine the improvements’ value. Llanos’s petition for certiorari to the Supreme Court was dismissed. Upon remand, Simborio petitioned for and obtained a writ of possession, which was executed, placing him in possession of the land and improvements. Llanos moved to quash the writ, arguing it was premature as the value of his improvements had not yet been determined and paid. The trial court denied his motion, prompting Llanos to file the present certiorari petition to annul the writ of possession and restore his possession.

ISSUE

Whether the trial court acted with grave abuse of discretion in issuing the writ of possession to Simborio before determining and reimbursing the value of the improvements introduced by Llanos, thereby depriving Llanos of his property without due process.

RULING

The Supreme Court granted the petition for certiorari. It held that while the decision declaring Simborio the owner and entitled to possession had become final, Simborio’s right to possess the land was subject to his reimbursing Llanos for the value of the improvements introduced between 1942 and 1946, as per the Court of Appeals’ resolution which treated both parties as in good faith regarding those improvements. Since that resolution was not appealed by Simborio, it became final. Consequently, the issuance of the writ of possession before the determination and payment of the improvements’ value was improvident. Llanos should be restored to possession, but only of the portion where the improvements are located. The remedy for Simborio is to have an early hearing to ascertain the improvements’ value and, upon payment to Llanos, regain possession of the land with its improvements. No costs were awarded.