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Rodil vs. Hon.

Judge Mariano Benedicto and the Heirs of Alejandro Abes Issue: Whether or not the Writ of Possession was filed out of time?
G. R. No. L-28616 Who are the real parties in a Cadastral proceeding?
January 22, 1980
J. Concepcion, Jr. Held:

Facts: Writ of Possession

1. That Petitioner Spouses Rodil claimed and applied for the subject The right of the applicant or a subsequent purchaser to ask for the issuance
parcel of land located in Nueva Ecija of a Writ of Possession of the land never prescribes (Manlapas and
a. The claim was not contested Tolentino vs. Lorente). The Court also ruled that the provision in the Rules
b. October 11, 1958, the cadastral court adjudicated the Of Court to the effect that judgment may be enforced within 5years by
aforesaid lots in favor of the applicant motion, and after five years but within 10years by and action (Section 6, Rule
c. Original Certificate of Title was issued – December 10, 39) refers to civil actions and is not applicable to special proceedings
1958
2. February 26, 1959, heirs of Alejandro Abes, filed a petition with the in land registration proceedings, the ownership by a
court for the review of the registration decree, on the grounds that: person or a parcel of land is sought to be established.
a. Petitioners are true owners After the ownership has been proved and confirmed by
b. They are the ones in actual legal possession judicial declaration, no further proceeding to enforce
c. The spouses acquired the land through fraud said ownership is necessary, except when the adverse
3. The cadastral court denied the petition for failure to present or losing party had been in possession of the land and
evidences against the spouses the winning party desires to oust him therefrom.
a. No appeal was taken by the heirs
4. Instead, on September 4, 1961, the heirs of Alejandro Abes Furthermore, there is no provision in the Land
instituted an action for reconveyance of title against the spouses Registration Act similar to Sec. 6, Rule 39, regarding the
a. Invoked the same grounds execution of a judgment in a civil action, except to place
b. Case was dismissed because of res judicata – affirmed by the winner in possession by virtue of a writ of
the SC possession. The decision in a land registration case,
5. Upon the return of records to the lower court unless the adverse or losing party is in possession,
a. Spouses filed for Writ of Possession becomes final without any further action, upon the
b. Judge denied and granted the petition of Motion for expiration of the period for perfecting an appeal."
Reconsideration of the Heirs
Parties to the Cadastral Proceeding
i. Because he is at a loss as to who, aside from the
heirs were parties to the original cadastral The respondent heirs of Alejandro Abes cannot be said to be strangers to
proceeding or as to who were at least occupants the registration proceedings. A cadastral proceeding is a proceeding in
of the properties rem and against everybody, including the respondents herein, who are
6. Heirs filed a motion for reconsideration deemed included in the general order of default entered in the case.
a. Petition for the Writ of Possession was filed out of time Besides, it appears that the said respondent heirs of Alejandro Abes filed a
b. No allegation in the petition, neither had it been approved petition for the review of the decree of registration, thereby becoming a direct
during the proceedings or any time up to the issuance of party in the registration proceedings by their voluntary appearance.
the final decree, or that they were against those whom a
writ of possession may be made Petition, granted
c. Granted by the Judge – order for the dissolution of the Writ
7. Hence this petition