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 ...