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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
May-1995 Jurisprudence                 

  • G.R. Nos. 101801-03 May 2, 1995 : PEOPLE OF THE PHIL. vs. EDUARDO "EDDIE" TAMI

  • G.R. No. 113739 May 2, 1995 : CLAUDIO M. ANONUEVO, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 108886 May 5, 1995 : AQUILES U. REYES vs. REGIONAL TRIAL COURT OF ORIENTAL MINDORO, BRANCH XXXIX, ET AL.

  • Adm. Matter No. RTJ-95-1293 May 9, 1995 : GIL V. MANLAVI vs. EUSTAQUIO Z. GACOTT, JR.

  • G.R. No. 101444 May 9, 1995 : A.C. ENTERPRISES, INC. vs. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, ET AL.

  • G.R. No. 113287 May 9, 1995 : LOYOLA SECURITY AND DETECTIVE AGENCY, ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • Adm. Matter No. MTJ-93-842 May 10, 1995 : MYLA PAREDES, ET AL. vs. JACINTO A. MANALO

  • G.R. No. L-42108 May 10, 1995 : OSCAR D. RAMOS, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 110590 May 10, 1995 : ZORAYDA AMELIA C. ALONZO vs. IGNACIO M. CAPULONG, ET AL.

  • G.R. No. 91756 May 11, 1995 : PEOPLE OF THE PHIL. vs. RAUL G. ESCOTO, ET AL.

  • G.R. No. 117389 May 11, 1995 : ROMEO V. OBLEA, ET AL. vs. COURT OF APPEALS, ET AL.

  • Adm. Case No. 2468 May 12, 1995 : NILO L. MIRAFLOR vs. JUAN M. HAGAD, ET AL.

  • Adm. Matter No. MTJ-93-782 May 12, 1995 : YOLANDA CRUZ vs. FILOMENO S. PASCUAL

  • G.R. No. 100125 May 12, 1995 : PEOPLE OF THE PHIL. vs. ROMEO B. MAGALONG, ET AL.

  • G.R. No. 113081 May 12, 1995 : WORLDWIDE PAPERMILLS, INC., ET AL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 95028 May 15, 1995 : PEOPLE OF THE PHIL. vs. MARLO L. COMPIL

  • G.R. No. 100911 May 16, 1995 : PEOPLE OF THE PHIL. vs. MAJID SAMSON, ET AL.

  • G.R. No. 105248 May 16, 1995 : BENJAMIN ROMUALDEZ vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 106643 May 16, 1995 : PEOPLE OF THE PHIL. vs. EDWIN M. MESAL

  • G.R. No. 112141 May 16, 1995 : PHOENIX IRON AND STEEL CORP. vs. SECRETARY OF LABOR AND EMPLOYMENT, ET AL.

  • G.R. No. 96372 May 22, 1995 : ANTONIO L. CASTELO, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 99846 May 22, 1995 : BELEN CRUZ, ET AL. vs. FE ESPERANZA LEABRES

  • G.R. No. 102485 May 22, 1995 : PEOPLE OF THE PHIL vs. LUIS TAMPAL, ET AL.

  • G.R. No. 106483 May 22, 1995 : ERNESTO L. CALLADO vs. INTERNATIONAL RICE RESEARCH INSTITUTE

  • G.R. No. 107903 May 22, 1995 : MARILOU RIVERA vs. COURT OF APPEALS, ET AL.

  • G.R. No. 109991 May 22, 1995 : ELIAS C. QUIBAL, ET AL. vs. SANDIGANBAYAN, ET AL.

  • G.R. No. 110658 May 22, 1995 : PEOPLE OF THE PHIL. vs. DEBORAH WOOLCOCK, ET AL.

  • G.R. Nos. 116506-07 May 22, 1995 : BILLY P. OBUGAN vs. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 119694 May 22, 1995 : PHILIPPINE PRESS INSTITUTE, INC. vs. COMMISSION ON ELECTIONS - COMELEC

  • G.R. No. 95367 May 23, 1995 : JOSE T. ALMONTE, ET AL. vs. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 115278 May 23, 1995 : FORTUNE INSURANCE AND SURETY CO., INC. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 116650 May 23, 1995 : TOYOTA SHAW, INC. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 68252 May 26, 1995 : COMMISSIONER OF INTERNAL REVENUE vs. TOKYO SHIPPING CO. LTD., ET AL.

  • G.R. No. 100354 May 26, 1995 : PEOPLE OF THE PHIL. vs. DIONISIO M. TADEPA

  • G.R. No. 109560 May 26, 1995 : NESTOR ILANO vs. COURT OF APPEALS, ET AL.

  • G.R. No. 109776 May 26, 1995 : PEOPLE OF THE PHIL vs. ROQUE CABRESOS

  • G.R. No. 110776 May 26, 1995 : MARANAW HOTEL & RESORT CORPORATION vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 112015 May 26, 1995 : PEOPLE OF THE PHIL. vs. RENATO DAEN, JR.

  • G.R. No. 114870 May 26, 1995 : MIGUELA R. VILLANUEVA, ET AL. vs. COURT OF APPEALS, ET AL.

  • G.R. No. 115814 May 26, 1995 : PEDRO P. PECSON vs. COURT OF APPEALS, ET AL.

  • G.R. No. 94033 May 29, 1995 : FELICIANO RAMOS vs. FRANCISCO C. RODRIGUEZ

  • G.R. No. 97936 May 29, 1995 : PEOPLE OF THE PHIL. vs. ALEJANDRO C. LUCERO

  • G.R. No. 105208 May 29, 1995 : COMMISSIONER OF INTERNAL REVENUE vs. PHILIPPINE AMERICAN LIFE INSURANCE CO., ET AL.

  • G.R. Nos. 106385-88 May 29, 1995 : PEOPLE OF THE PHIL. vs. ALEJANDRO MANDAP

  • G.R. No. 108123 May 29, 1995 : PEOPLE OF THE PHIL. vs. ARNEL M. SOBERANO

  • G.R. No. 109142 May 29, 1995 : PEOPLE OF THE PHIL. vs. IRENEO SILVESTRE, ET AL.

  • G.R. No. 112045 May 29, 1995 : DANILO F.C. RIMONTE vs. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. Nos. 113057-58 May 29, 1995 : PEOPLE OF THE PHIL. vs. JUAN F. REMOTO

  • G.R. No. 113786 May 29, 1995 : PEOPLE OF THE PHIL. vs. NONY BACLAYO, ET AL.

  • Adm. Matter No. P-93-976 May 31, 1995 : MENCHIE PUNSALAN-SANTOS vs. NAPOLEON I. ARQUIZA

  • G.R. No. 73974 May 31, 1995 : REPUBLIC OF THE PHIL. vs. REGISTER OF DEEDS OF QUEZON

  • G.R. No. 100915 May 31, 1995 : PEOPLE OF THE PHIL. vs. JOSEPH SUPREMO

  • G.R. No. 106639 May 31, 1995 : PEOPLE OF THE PHIL. vs. SATURNINO J. SOLON

  • G.R. No. 108544 May 31, 1995 : REPUBLIC OF THE PHIL. vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 110808 May 31, 1995 : PEOPLE OF THE PHIL. vs. ALFONSO QUINEVISTA, JR.

  • G.R. No. 110954 May 31, 1995 : DELFIN N. DIVINAGRACIA, JR., ET AL. vs. PATRICIA A. STO. TOMAS, ET AL.

  • G.R. No. 111812 May 31, 1995 : DIONISIO M. RABOR vs. CIVIL SERVICE COMMISSION

  • G.R. No. 114268 May 31, 1995 : PEOPLE OF THE PHIL. vs. FELICIANO HILARIO

  • G.R. No. 115942 May 31, 1995 : RUBLE RUBENECIA vs. CIVIL SERVICE COMMISSION

  • G.R. Nos. 101801-03 May 2, 1995 - PEOPLE OF THE PHIL. v. EDUARDO "EDDIE" TAMI

  • G.R. No. 113739 May 2, 1995 - CLAUDIO M. ANONUEVO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108886 May 5, 1995 - AQUILES U. REYES v. REGIONAL TRIAL COURT OF ORIENTAL MINDORO, BRANCH XXXIX, ET AL.

  • Adm. Matter No. RTJ-95-1293 May 9, 1995 - GIL V. MANLAVI v. EUSTAQUIO Z. GACOTT, JR.

  • G.R. No. 101444 May 9, 1995 - A.C. ENTERPRISES, INC. v. CONSTRUCTION INDUSTRY ARBITRATION COMMISSION, ET AL.

  • G.R. No. 113287 May 9, 1995 - LOYOLA SECURITY AND DETECTIVE AGENCY, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • Adm. Matter No. MTJ-93-842 May 10, 1995 - MYLA PAREDES, ET AL. v. JACINTO A. MANALO

  • G.R. No. L-42108 May 10, 1995 - OSCAR D. RAMOS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110590 May 10, 1995 - ZORAYDA AMELIA C. ALONZO v. IGNACIO M. CAPULONG, ET AL.

  • G.R. No. 91756 May 11, 1995 - PEOPLE OF THE PHIL. v. RAUL G. ESCOTO, ET AL.

  • G.R. No. 117389 May 11, 1995 - ROMEO V. OBLEA, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Case No. 2468 May 12, 1995 - NILO L. MIRAFLOR v. JUAN M. HAGAD, ET AL.

  • Adm. Matter No. MTJ-93-782 May 12, 1995 - YOLANDA CRUZ v. FILOMENO S. PASCUAL

  • G.R. No. 100125 May 12, 1995 - PEOPLE OF THE PHIL. v. ROMEO B. MAGALONG, ET AL.

  • G.R. No. 113081 May 12, 1995 - WORLDWIDE PAPERMILLS, INC., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 95028 May 15, 1995 - PEOPLE OF THE PHIL. v. MARLO L. COMPIL

  • G.R. No. 100911 May 16, 1995 - PEOPLE OF THE PHIL. v. MAJID SAMSON, ET AL.

  • G.R. No. 105248 May 16, 1995 - BENJAMIN ROMUALDEZ v. SANDIGANBAYAN, ET AL.

  • G.R. No. 106643 May 16, 1995 - PEOPLE OF THE PHIL. v. EDWIN M. MESAL

  • G.R. No. 112141 May 16, 1995 - PHOENIX IRON AND STEEL CORP. v. SECRETARY OF LABOR AND EMPLOYMENT, ET AL.

  • G.R. No. 96372 May 22, 1995 - ANTONIO L. CASTELO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 99846 May 22, 1995 - BELEN CRUZ, ET AL. v. FE ESPERANZA LEABRES

  • G.R. No. 102485 May 22, 1995 - PEOPLE OF THE PHIL v. LUIS TAMPAL, ET AL.

  • G.R. No. 106483 May 22, 1995 - ERNESTO L. CALLADO v. INTERNATIONAL RICE RESEARCH INSTITUTE

  • G.R. No. 107903 May 22, 1995 - MARILOU RIVERA v. COURT OF APPEALS, ET AL.

  • G.R. No. 109991 May 22, 1995 - ELIAS C. QUIBAL, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110658 May 22, 1995 - PEOPLE OF THE PHIL. v. DEBORAH WOOLCOCK, ET AL.

  • G.R. Nos. 116506-07 May 22, 1995 - BILLY P. OBUGAN v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 119694 May 22, 1995 - PHILIPPINE PRESS INSTITUTE, INC. v. COMMISSION ON ELECTIONS

  • G.R. No. 95367 May 23, 1995 - JOSE T. ALMONTE, ET AL. v. CONRADO M. VASQUEZ, ET AL.

  • G.R. No. 115278 May 23, 1995 - FORTUNE INSURANCE AND SURETY CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116650 May 23, 1995 - TOYOTA SHAW, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 68252 May 26, 1995 - COMMISSIONER OF INTERNAL REVENUE v. TOKYO SHIPPING CO. LTD., ET AL.

  • G.R. No. 100354 May 26, 1995 - PEOPLE OF THE PHIL. v. DIONISIO M. TADEPA

  • G.R. No. 109560 May 26, 1995 - NESTOR ILANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 109776 May 26, 1995 - PEOPLE OF THE PHIL v. ROQUE CABRESOS

  • G.R. No. 110776 May 26, 1995 - MARANAW HOTEL & RESORT CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 112015 May 26, 1995 - PEOPLE OF THE PHIL. v. RENATO DAEN, JR.

  • G.R. No. 114870 May 26, 1995 - MIGUELA R. VILLANUEVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115814 May 26, 1995 - PEDRO P. PECSON v. COURT OF APPEALS, ET AL.

  • G.R. No. 94033 May 29, 1995 - FELICIANO RAMOS v. FRANCISCO C. RODRIGUEZ

  • G.R. No. 97936 May 29, 1995 - PEOPLE OF THE PHIL. v. ALEJANDRO C. LUCERO

  • G.R. No. 105208 May 29, 1995 - COMMISSIONER OF INTERNAL REVENUE v. PHILIPPINE AMERICAN LIFE INSURANCE CO., ET AL.

  • G.R. Nos. 106385-88 May 29, 1995 - PEOPLE OF THE PHIL. v. ALEJANDRO MANDAP

  • G.R. No. 108123 May 29, 1995 - PEOPLE OF THE PHIL. v. ARNEL M. SOBERANO

  • G.R. No. 109142 May 29, 1995 - PEOPLE OF THE PHIL. v. IRENEO SILVESTRE, ET AL.

  • G.R. No. 112045 May 29, 1995 - DANILO F.C. RIMONTE v. CIVIL SERVICE COMMISSION, ET AL.

  • G.R. Nos. 113057-58 May 29, 1995 - PEOPLE OF THE PHIL. v. JUAN F. REMOTO

  • G.R. No. 113786 May 29, 1995 - PEOPLE OF THE PHIL. v. NONY BACLAYO, ET AL.

  • Adm. Matter No. P-93-976 May 31, 1995 - MENCHIE PUNSALAN-SANTOS v. NAPOLEON I. ARQUIZA

  • G.R. No. 73974 May 31, 1995 - REPUBLIC OF THE PHIL. v. REGISTER OF DEEDS OF QUEZON

  • G.R. No. 100915 May 31, 1995 - PEOPLE OF THE PHIL. v. JOSEPH SUPREMO

  • G.R. No. 106639 May 31, 1995 - PEOPLE OF THE PHIL. v. SATURNINO J. SOLON

  • G.R. No. 108544 May 31, 1995 - REPUBLIC OF THE PHIL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 110808 May 31, 1995 - PEOPLE OF THE PHIL. v. ALFONSO QUINEVISTA, JR.

  • G.R. No. 110954 May 31, 1995 - DELFIN N. DIVINAGRACIA, JR., ET AL. v. PATRICIA A. STO. TOMAS, ET AL.

  • G.R. No. 111812 May 31, 1995 - DIONISIO M. RABOR v. CIVIL SERVICE COMMISSION

  • G.R. No. 114268 May 31, 1995 - PEOPLE OF THE PHIL. v. FELICIANO HILARIO

  • G.R. No. 115942 May 31, 1995 - RUBLE RUBENECIA v. CIVIL SERVICE COMMISSION

  •  





     
     

    G.R. No. 117389   May 11, 1995 - ROMEO V. OBLEA, ET AL. v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 117389. May 11, 1995.]

    ROMEO V. OBLEA and RAMON S. MELENCIO, Petitioners, v. COURT OF APPEALS and JUAN S. ESTEBAN, Respondents.


    SYLLABUS


    1. REMEDIAL LAW; METROPOLITAN TRIAL COURT; JURISDICTION OVER UNLAWFUL DETAINER CASES; CANNOT BE DIVESTED OF THE PENDENCY OF AN ACTION FOR QUIETING OF TITLE BEFORE THE REGIONAL TRIAL COURT. — The main argument of petitioners is that in view of the subsequent sale of the controversial lot to them on 3 June 1993, and under the mistaken notion of "doctrine of supervening event," they have acquired a better right of possession and ownership. Hence, they argue that with this "supervening event," the judgment evicting them can no longer be enforced. The argument is untenable. It must be stressed that the sole issue in an action for unlawful detainer is physical or material possession, i.e., possession de facto and not possession de jure. This is settled doctrine. Resultantly, the pendency of an action for quieting of title before the Regional Trial Court does not divest the city or municipal trial court of its jurisdiction to proceed with the ejectment case over the same property. The subsequent acquisition of ownership by petitioners is not a supervening event that will bar the execution of the judgment in said unlawful detainer case, the fact remaining that when judgment was rendered by the MTC in the ejectment case, petitioner Oblea was a mere possessor of the subject lot. Similarly, the fact that petitioners instituted a separate action for quieting of title is not a valid reason for defeating the execution of the summary remedy of ejectment. On the contrary, it bolsters the conclusion that the eviction case did not deal with the issue of ownership which was precisely the subject matter of the action for quieting of title before the Regional Trial Court of Cabanatuan City. With the finality of the decision in the ejectment case, execution in favor of the prevailing party has become a matter of right; its implementation mandatory. It cannot be avoided. In fine, the Court of Appeals did not commit reversible error in upholding the Order of 6 April 1994 which lifted the temporary restraining order enjoining the implementation of the writ of execution in favor of private respondent Esteban. Simply put, the petition is a desperate attempt on the part of petitioners to unduly prolong the litigation of an issue which has been settled and should have been long laid to rest.


    D E C I S I O N


    BELLOSILLO, J.:


    This is a petition for review on certiorari of the decision of the Court of Appeals dismissing the petition for certiorari and prohibition and denying the prayer for a writ of preliminary injunction and denying the prayer for a writ of preliminary injunction against the order of 6 April 1994 of the Regional Trial Court of Cabanatuan City, Br. 27, which lifted and cancelled the temporary restraining order issued by Judge Lydia B. Hipolito of the Municipal Trial Court of Cabanatuan City, Br. 9. 1

    The controverted lot, designated as Lot 1, Block 2, was formerly a part of a mother lot covered by TCT No. 26604 of the Register of Deeds of Cabanatuan City, containing an area of 83,325 square meters and registered in the names of Manuel Melencio (1/3), Pura Melencio (1/3) and Wilfredo Wico and Mariabelle M. Wico (1/3). Subsequently, TCT No. 26604 was cancelled and in lieu thereof TCT No. 65031 was issued in the name of petitioner Ramon S. Melencio who became a co-owner with Pura Melencio and the Wicos by virtue of a deed of sale executed in his favor by his now deceased father Manuel Melencio.chanrobles virtual lawlibrary

    On 6 June 1958 subject lot was bought by private respondent Juan S. Esteban from Mauricio Ramos who claimed to have acquired the property from Ursula Melencio, the alleged administratrix of the estate of Manuel and Pura Melencio. 2

    Meanwhile, petitioner Romeo V. Oblea leased a building located on the subject lot from a certain Marius Esteban, an alleged son of private respondent Juan S. Esteban. Oblea eventually bought from Marius the lot on which the building stood. 3 As a consequence, on 4 July 1991 Esteban filed an ejectment suit against petitioner Oblea in the Municipal Trial Court of Cabanatuan City docketed as Civil Case No. 10588. On 3 April 1992, the case was decided by Judge Romeo G. Mauricio in favor of Esteban and against petitioner Oblea who was ordered to vacate the premises and pay rental arrears from January 1983, as well as litigation expenses and attorney’s fees in the total sum of P8,000.00.

    On appeal, the Regional Trial Court of Cabanatuan City rendered judgment on 26 March 1993 modifying the MTC decision by ordering Oblea to pay rentals only from 2 March 1988, but sustaining the MTC in other respects.

    On 3 June 1993, the registered owners 4 sold the disputed lot to petitioner Oblea. Afterwards, Oblea together with Ramon Melencio, Pura Melencio and Wilfredo Wico and Mariabelle Wico filed before the Regional Trial Court an action for quieting of title against Esteban, docketed as Civil Case No. 1536. They contended that the deeds of sale executed by Mauricio Ramos in favor of Juan Esteban and by Ursula Melencio in favor of Mauricio Ramos were a nullity.

    The ejectment case, Civil Case No. 10588, was in the meantime appealed to the Court of Appeals by way of petition for review, which petition was dismissed by the appellate court on 2 July 1993. Upon remand of the records to the court of origin, and on motion of Esteban, the prevailing party, MTC Judge Hipolito directed execution and issued the corresponding writ to enforce the final and executory judgment in the ejectment suit.chanrobles law library : red

    The execution was however thwarted when petitioners Romeo Oblea and Ramon Melencio filed another petition before the Regional Trial Court of Cabanatuan City for certiorari and prohibition with application for a temporary restraining order and preliminary injunction, docketed as Civil Case No. 1676-AF. On 22 November 1993 the Executive Judge thereof issued a temporary restraining order to stop the enforcement of the writ of execution issued by Judge Hipolito. On 6 April 1994 however Judge Adriano I. Tuason, Acting Presiding Judge of Br. 27, lifted and canceled the restraining order earlier issued, thus paving the way for the execution of the judgment in the ejectment case.

    Undeterred by the reversal, petitioners elevated their case to the appellate court which on 27 September 1994 dismissed their appeal, the reason being that the eviction case had long become final and executory and that the various actions taken by petitioners were merely designed to delay execution.

    We agree with respondent Court of Appeals.

    The main argument of petitioners is that in view of the subsequent sale of the controversial lot to them on 3 June 1993, and under the mistaken notion of "doctrine of supervening event," they have acquired a better right of possession and ownership. Hence, they argue that with this "supervening event," the judgment evicting them can no longer be enforced.

    The argument is untenable. It must be stressed that the sole issue in an action for unlawful detainer is physical or material possession, i.e., possession de facto and not possession de jure. This is settled doctrine. Resultantly, the pendency of an action for quieting of title before the Regional Trial Court does not divest the city or municipal trial court of its jurisdiction to proceed with the ejectment case over the same property. The subsequent acquisition of ownership by petitioners is not a supervening event that will bar the execution of the judgment in said unlawful detainer case, the fact remaining that when judgment was rendered by the MTC in the ejectment case, petitioner Oblea was a mere possessor of the subject lot.chanrobles.com : virtual law library

    Similarly, the fact that petitioners instituted a separate action for quieting of title is not a valid reason for defeating the execution of the summary remedy of ejectment. On the contrary, it bolsters the conclusion that the eviction case did not deal with the issue of ownership which was precisely the subject matter of the action for quieting of title before the Regional Trial Court of Cabanatuan City. 5 With the finality of the decision in the ejectment case, execution in favor of the prevailing party has become a matter of right; its implementation mandatory. It cannot be avoided. 6

    In fine, the Court of Appeals did not commit reversible error in upholding the order of 6 April 1994 which lifted the temporary restraining order enjoining the implementation of the writ of execution in favor of private respondent Esteban. Simply put, the petition is a desperate attempt on the part of petitioners to unduly prolong the litigation of an issue which has been settled and should have been long to rest.

    WHEREFORE, the petition is DENIED. Costs against petitioner.

    SO ORDERED.

    Padilla, Davide, Jr. and Quiason, JJ., concur.

    Kapunan, J., is on leave.

    Endnotes:



    1. Penned by Justice Delilah Vidallon-Magtolis, concurred in by Justices Lourdes N. Tayao-Jaguros and Buenaventura J. Guerrero, Annex "A," Petition, Rollo, pp. 28-35.

    2. Annexes "G" and "H," Petition, Rollo, pp. 42-43.

    3. Annex "I," Id., p. 44.

    4. Pura Melencio, Wilfredo Wico and Mariabelle Wico.

    5. Joven v. Court of Appeals, G.R. No. 80739, 20 august 1992, 212 SCRA 700, 707.

    6. Hualam Construction and Development Corporation v. Court of Appeals, G.R. No. 85466, 16 October 1992, 214 SCRA 612, 626.

    G.R. No. 117389   May 11, 1995 - ROMEO V. OBLEA, ET AL. v. COURT OF APPEALS, ET AL.


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