August 1981 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. L-49793 August 20, 1981 - EMETERIO IPAPO v. COURT OF APPEALS, ET AL.:
SECOND DIVISION
[G.R. No. L-49793. August 20, 1981.]
EMETERIO IPAPO, Petitioner, v. COURT OF APPEALS, GRACIOSO GERONIMO and LYDIA GERONIMO, Respondents.
Benjamin H. Aquino for Petitioner.
Julian A. Villaluz for Respondent.
SYNOPSIS
While an appeal from the decision of the Court of Appeals affirming the judgment of the Court of First Instance of Bulacan, granting private respondents the right to possession of the land in question, was pending decision in this Court, petitioner’s counsel filed a manifestation informing this Court that Judge Eduardo P. Caguioa of the lower court tendered a decision in Civil Case No. 780 declaring the disputed lot which is the same lot involved in this case to be the sole and exclusive ownership of the plaintiff, petitioner herein. The Supreme court ruled that petitioner correctly observes that the instant case should be dismissed because it was rendered moot and academic by said decision in the accion de reivindicacion.
Case dismissed.
Case dismissed.
SYLLABUS
1. REMEDIAL LAW; APPEAL; DECISION OF THE LOWER COURT ON THE SAME LAND INVOLVED IN THE APPEAL; APPEAL DISMISSED FOR BEING MOOT AND ACADEMIC; CASE AT BAR. — Where petitioner’s counsel filed a manifestation, informing this Court that Judge Eduardo P. Caguioa of the Court of First Instance of Bulacan rendered in Civil Case No. 780-V, "Emeterio Ipapo v. Oracioso Geronimo, Et. Al." a decision "declaring the disputed land with an area of 2,421 square meters . . . included in Lot No. 2090 Meycauayan Cadastre, with an area of 14,301 square meters . . . to be of the sole and exclusive ownership of plaintiff Emeterio Ipapo" ; where said decision refers to the same land involved in the appealed forcible entry case, now pending decision in this Court and where the lower court’s decision is now final and executory because no appeal was interposed by the Geronimo spouses, petitioner correctly observes that the instant case should be dismissed because it was rendered moot and academic by the said decision in the accion de reivindicacion
D E C I S I O N
AQUINO, J.:
Emeterio Ipapo appealed from the decision of the Court of Appeals, affirming the judgment of the Court of First Instance of Bulacan, Valenzuela Branch III, holding that the spouses Gracioso Geronimo and Lydia Geronimo are entitled to the possession of a portion, with an area of 2,353 square meters, of Lot No. 2090 of the Meycauayan, Bulacan cadastre and ordering Ipapo and all persons holding under him to vacate the said portion and to pay the Geronimo spouses twenty pesos a month as rental from December, 1967 up to the time the possession is restored to them plus P1,000 as attorney’s fees (CA-G.R. No. 48264-R, August 18, 1978).chanrobles.com.ph : virtual law library
Appellant Ipapo filed his brief. This case was submitted for decision on January 11, 1980 without private respondents’ brief.
On August 7, 1981, petitioner’s counsel, Benjamin H. Aquino, filed a manifestation, informing this Court that Judge Eduardo P. Caguioa of the Court of First Instance of Bulacan rendered in Civil Case No. 780-V, "Emeterio Ipapo v. Gracioso Geronimo, Et. Al." a decision dated September 23, 1980, "declaring the disputed land with an area of 2,424 square meters . . . included in Lot No. 2090, Meycauayan Cadastre, with an area of 14,301 square meters . . . to be of the sole and exclusive ownership of plaintiff Emeterio Ipapo."cralaw virtua1aw library
The said decision, which refers to the same land involved in this forcible entry case, is now final and executory because no appeal was interposed by the Geronimo spouses.
Ipapo correctly observes that the instant case should be dismissed because it was rendered moot and academic by the said decision in the accion de reivindicacion.
WHEREFORE, this case is dismissed and considered closed. No costs.
Concepcion Jr., Guerrero, De Castro and Melencio-Herrera, JJ., concur.
Barredo and Abad Santos, JJ., are on leave.
Guerrero and Melencio-Herrera, JJ., were designated to sit in the Second Division.
Appellant Ipapo filed his brief. This case was submitted for decision on January 11, 1980 without private respondents’ brief.
On August 7, 1981, petitioner’s counsel, Benjamin H. Aquino, filed a manifestation, informing this Court that Judge Eduardo P. Caguioa of the Court of First Instance of Bulacan rendered in Civil Case No. 780-V, "Emeterio Ipapo v. Gracioso Geronimo, Et. Al." a decision dated September 23, 1980, "declaring the disputed land with an area of 2,424 square meters . . . included in Lot No. 2090, Meycauayan Cadastre, with an area of 14,301 square meters . . . to be of the sole and exclusive ownership of plaintiff Emeterio Ipapo."cralaw virtua1aw library
The said decision, which refers to the same land involved in this forcible entry case, is now final and executory because no appeal was interposed by the Geronimo spouses.
Ipapo correctly observes that the instant case should be dismissed because it was rendered moot and academic by the said decision in the accion de reivindicacion.
WHEREFORE, this case is dismissed and considered closed. No costs.
Concepcion Jr., Guerrero, De Castro and Melencio-Herrera, JJ., concur.
Barredo and Abad Santos, JJ., are on leave.
Guerrero and Melencio-Herrera, JJ., were designated to sit in the Second Division.
