Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1963 > June 1963 Decisions > G.R. No. L-15606 June 29, 1963 - IMAM SAHIM v. GREGORIO D. MONTEJO:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-15606. June 29, 1963.]

IMAM SAHIM (MORO), Petitioner, v. GREGORIO D. MONTEJO, Judge of the Court of First Instance of Basilan City and DOMINGO ALVAREZ, Respondent.

T. de los Santos for Petitioner.

Nicolas B. Enriquez for Respondent.


SYLLABUS


1. PRELIMINARY MANDATORY INJUNCTION; WHEN INJUNCTION MAY BE ISSUED "PENDENTE LITE." — While it is only in actions for forcible entry and in ejectment cases where an appeal is taken, that the Civil Code expressly affords the remedy of preliminary mandatory injunction to the plaintiff (Arts. 539 and 1674), having in view the summary nature of the proceeding and the fact that the only question involved is that of actual or material possession, however, this provision of the Civil Code is not meant to exclude absolutely other cases where for compelling reasons the court may, in the proper exercise of discretion grant a mandatory injunction to place the plaintiff, pendente lite, in possession of the real property sought to be recovered. In the instant case, respondent Judge property exercised such discretion. The land in litigation was the subject of conflicting homestead applications by petitioner and Respondent. The Director of Lands dismissed petitioner’s application and gave due course to that of Respondent. The decision was affirmed both by the Secretary of Agriculture and Natural Resources and the President of the Philippines. And in spite of the favorable decisions of said officials respondent has not, for a long time, been able to take possession of the land awarded to him.


D E C I S I O N


MAKALINTAL, J.:


This is a petition for certiorari to review and set aside the order of preliminary (mandatory) injunction issued by respondent Judge in Civil Case No. 256 of the Court of First Instance of Zamboanga, entitled "Domingo Alvarez v. Imam Sahim," and the subsequent order denying petitioner’s motion for reconsideration.

The action below is for recovery of possession of a parcel of land with an area of 4.3475 hectares, more or less, the same being a portion of lot No. 410 of the Jamitan cadastre, Basilan City, covered by Free Patent application No. 64825 (E-41089) of plaintiff and now respondent, Domingo Alvarez. The complaint was filed by him as early as November 1950, but for reasons which do not appear in the record now before us, was still pending trial when the first of the orders now under review was issued on February 27, 1959. It is alleged in the answer to the petition, however, that respondent had rested his case since February 17, 1959, but that the hearing was not concluded because of petitioner’s requests for continuance.

Prior to the issuance of the orders complained of, several petitions for preliminary injunction, mandatory in character, had been filed by respondent Alvarez, seeking to obtain possession of the land in dispute during the pendency of the action, but they had invariably been turned down. It was only after he had finished, as aforestated, the presentation of his evidence that, upon a new petition, the court granted it in an order which reads as follows:jgc:chanrobles.com.ph

"There is a petition for preliminary injunction. The case appears to have been initiated about three years ago and without any progress the case is still pending. The plaintiff has manifested thru counsel that it would be for the best interest if a writ of preliminary injunction be issued.

"It appearing that the petition is proper, the plaintiff is given possession of the property by means of preliminary injunction upon posting a bond of P4,000.00 in order to insure whatever damages may be incurred by or damages which would accrue to the defendant.

"SO ORDERED."cralaw virtua1aw library

Petitioner invokes the general rule that injunction will not be granted to take property out of the possession or control of one party and place it in that of another whose title has not been clearly established. This doctrine proceeds on the theory that possession is presumed to be in good faith and, if in concept of owner, that the possessor has a just title. It is only in actions for forcible entry and in ejectment cases where an appeal is taken, that the Civil Code expressly affords the remedy of preliminary mandatory injunction to the plaintiff (Arts. 539 and 1674), having in view the summary nature of the proceeding and the fact that the only question involved is that of actual or material possession. This provision of the Civil Code, however, is not meant to exclude absolutely other cases where for compelling reasons the court may, in the proper exercise of discretion, grant a mandatory injunction to place the plaintiff, pendente lite, in possession of the real property sought to be recovered.

Respondent Judge properly exercised such discretion here. The land in litigation was part of the public domain. It was the subject of conflicting homestead applications under the Public Land Act by petitioner Imam Sahim and respondent Domingo Alvarez. On June 8, 1951 the conflict was decided by the Director of Lands, who dismissed petitioner’s application and gave due course to that of Respondent. The former appealed to the Secretary of Agriculture and Natural Resources, who affirmed the decision of the Director of Lands on September 16, 1952. Petitioner moved to reconsider, but on May 5, 1954, his motion was denied. Still not satisfied, he elevated the case to the Office of the President, which likewise affirmed the decision on July 22, 1957. Copies of the decisions of the different officials above mentioned were submitted by petitioner as evidence in the court below, and it was presumably on the strength thereof that the order of injunction was issued.

Considering that with regard to the disposition of lands of the public domain the acts of the corresponding executive officials, done in the exercise of their jurisdiction under the Public Land Act and with proper observance of due process, are generally not subject to judicial review; and considering further that in spite of the favorable decisions of said officials respondent Alvarez has not, for a long time, been able to take possession of the land awarded to him, we are of the opinion that the issuance of the injunctive order complained of was not a grave abuse of discretion.

The writ prayed for is denied, and the order of preliminary injunction issued by us on August 15, 1959, is dissolved. Costs against petitioner.

Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon and Regala, JJ., concur.

Bengzon, C.J., took no part.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






June-1963 Jurisprudence                 

  • G.R. No. L-18407 June 26, 1963 - ELAINE A. MOORE v. REPUBLIC OF THE PHIL.

  • G.R. No. L-17995 June 27, 1963 - RODOLFO GIRON, ET., AL. v. HERMOGENES CALAUAG

  • G.R. No. L-15993 June 28, 1963 - TEODORO VAÑO v. MARCELO S. FLORES

  • G.R. No. L-18388 June 28, 1963 - MANILA RAILROAD COMPANY v. WORKMEN’S COMPENSATION COMMISSION, ET AL.,

  • G.R. No. L-14882 June 28, 1963 - DACIANO PALAMI, ET AL., v. POTENCIANO LARRAZABAL

  • G.R. No. L-4907 June 29, 1963 - PEOPLE OF THE PHIL. v. GUILLERMO CAPADOCIA, ET AL.,

  • G.R. No. L-13064 June 29, 1963 - BACHRACH MOTOR CO., INC. v. UNIVERSAL TRADING CO., INC., ET AL.,

  • G.R. No. L-15508 June 29, 1963 - UNITED STATES LINES CO. v. ASSOCIATED WATCHMEN AND SECURITY UNION

  • G.R. No. L-15606 June 29, 1963 - IMAM SAHIM v. GREGORIO D. MONTEJO

  • G.R. No. L-16112 June 29, 1963 - REPUBLIC OF THE PHIL. v. JESUS Y. PEREZ

  • G.R. No. L-16215 June 29, 1963 - SIMEON DEL ROSARIO v. EQUITABLE INSURANCE AND CASUALTY CO., INC.

  • G.R. No. L-16456 June 29, 1963 - PEOPLE OF THE PHIL. v. DOLORES COQUIA

  • G.R. No. L-16490 June 29, 1963 - PANGASINAN TRANSPORTATION CO., INC. v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-16498 June 29, 1963 - PEOPLE OF THE PHIL. v. LUCAS CANITAN, ET AL.,

  • G.R. No. L-16606 June 29, 1963 - STANDARD COMMERCIAL CORPORATION v. REGISTER OF DEEDS OF MANILA

  • G.R. No. L-16619 June 29, 1963 - COMPAÑIA GENERAL DE TABACOS DE FILIPINAS v. CITY OF MANILA, ET AL.

  • G.R. No. L-16853 June 29, 1963 - PASTOR B. CONSTANTINO, ET., AL. v. ANDRES REYES

  • G.R. No. L-16984 June 29, 1963 - TRINIDAD GUILLERMO v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16985 June 29, 1963 - PEOPLE OF THE PHILIPPINES v. AQUILINO AGUILAR, ET AL.,

  • G.R. No. L-17330 June 29, 1963 - VALENTINA ROSARIO, ET AL. v. JUANA ALONZO, ET AL.

  • G.R. No. L-17435 June 29, 1963 - SILVER SWAN MANUFACTURING CO., INC. v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-17617 June 29, 1963 - SMITH BELL AND CO. (PHIL.), INC. v. PEDRO M. GIMENEZ

  • G.R. No. L-17927 June 29, 1963 - LOURDES DE LA RAMA v. AUGUSTO R. VILLAROSA, ET AL.,

  • G.R. No. L-18091 June 29, 1963 - PHIL. MANUFACTURING COMPANY v. ANG BISIG NG PMC

  • G.R. Nos. L-18223-24 June 29, 1963 - COMMERCIAL BANK & TRUST CO. OF THE PHIL. v. REPUBLIC ARMORED CAR SERVICE CORP.

  • G.R. No. L-18432 June 29, 1963 - HARRISON FOUNDRY & MACHINERY v. HARRISON FOUNDRY WORKERS’ ASSOCIATION, ET AL.,

  • G.R. No. L-18527 June 29, 1963 - DIRECTOR OF LANDS v. HON. PATRICIO C. CENIZA

  • G.R. No. L-18849 June 29, 1963 - BERNARDO ESTOESTA v. MUNICIPAL MAYOR OF (AGOO, LA UNION)

  • G.R. No. L-18994 June 29, 1963 - MELECIO R. DOMINGO v. LORENZO C. GARLITOS