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Showing posts from February, 2019

Public Estates Authority (PEA) v. Alaras

G.R. No. 182678|  August 3, 2010 Public Estates Authority [1],  v. ALARAS, et. al. [2] FACTS: Ruling squarely on the issue adduced before it, the Supreme Court declared that Lot 5155 was a public land so that De Leon's occupation thereof, no matter how long ago, could not confer ownership or possessory rights. Prescinding therefrom, no writ of injunction may lie to protect De Leon's nebulous right of possession. Accordingly, in its Decision dated 20 November 2000, [3] the Supreme Court disposed of the controversy. The aforesaid Decision became final and executory as no motion for reconsideration was filed.  In due course, PEA moved for the issuance of a writ of execution praying that De Leon and persons claiming rights under him be ordered to vacate and peaceably surrender possession of Lot 5155. Acting on PEA's motion, the court a quo issued the first assailed Order granting the Writ of Execution dated 15 September 2004. [4]   As could ...
SALTING vs VELEZ  G.R. No. 181930|January 10, 2011  FACTS:  Respondents John Velez and Clarissa Velez filed a complaint for ejectment against petitioner Milagros Salting involving a property covered by Transfer TCT No. 38079.  On March 28, 2006, respondents obtained a favorable decision when the MeTC ordered petitioner to vacate the subject parcel of land and to pay attorneys fees and costs of suit. The decision became final and executory, after which respondents filed a motion for execution which was opposed by petitioner.  Thereafter, petitioner instituted an action before the RTC for Annulment of Sale of the Property covered by TCT No. 38079, with prayer for the issuance of a TRO and/or Writ of Preliminary Injunction against respondents, Hon. Ma. Paz Yson, Deputy Sheriff Ernesto G. Raymundo, Jr., Teresita Diokno-Villamena, and Heirs of Daniel B. Villamena (Heirs of Villamena).  Petitioner claimed that: she purchased the subject...