G.R. No. 172660 - EUGENIO BASBAS, TEOFILO ARAS, RUFINO ARAS, GERVACIO BASBAS, ISMAEL ARAS, EUGENIO ARAS, SIMFRONIO ARAS, FELICIANO ARAS, ROSITA ARAS, EUGENIO BASBAS, JR. AND SPOUSES PABLITO BASARTE AND MARCELINA BASBAS BASARTE, VS. BEATA SAYSON AND ROBERTO SAYSON, JR..D E C I S I O N - Supreme Court

Ruling

accordingly, a Writ of Possession was issued on November 21, 1985, which was never implemented. The following year or on September 17, 1986, Original Certificate of Title (OCT) No. 2496 [7] was issued to the spouses Sayson pursuant to the March 22, 1979 CFI Decision. An Alias Writ of Possession was issued on April 6, 1989 but this could also not be implemented in view of the refusal of Eugenio Sr. and his son Eugenio Basbas, Jr. (Eugenio Jr.). Claiming that the land they occupied is not the same land subject of the CFI Decision, [8] they demanded that a relocation survey be conducted. Hence, a relocation survey was conducted by order of the Regional Trial Court (RTC), Branch 12, Ormoc City. [9] In an Order [10] dated September 13, 1989, the RTC approved the Commissioner's Report [11] on the relocation survey and ordered the original oppositors, petitioners Eugenio Sr., Teofilo and Rufino, as well as their co-petitioners herein Gervacio Basbas (Gervacio), Ismael Aras (Ismael), Eugenio Aras (Eugenio), Simfronio Aras (Simfronio), Feliciano Aras (Feliciano), Rosita Aras (Rosita) and Eugenio Jr. to vacate the subject property, viz : [R]espondents are directed to vacate the portion of Lot No. 1, Psu-08-000235 covered by OCT No. 2496 and subject of the final decree of registration which, [up to the] present, said respondents are still possessing pursuant to the final and executory judgment of the Court of Appeals and as particularly defined in the Commissioner's report submitted on August 3, 1989 x x x. Respondents are reminded that under Rule 71 of the New Rules of Court, failure on their part to so obey this order may make them liable for contempt of this Court. SO ORDERED.