Cited Laws
TL;DR — Ruling
WHEREFORE , the instant petition is DENIED for lack of merit. The assailed decision of the Court of Appeals is AFFIRMED . Costs against petitioners. SO ORDERED.
Accordingly, we are constrained to hold that the Court of Appeals did not err in declaring as null and void the judgments of the MTC dated January 16, 1996 and RTC dated November 15, 1996, and in ordering petitioners to vacate the subject property. Needless to stress, this ruling merely settles the issue of physical possession and not the question of ownership over the disputed property which may be ruled upon by the proper court at the proper time in a case where such issue of dominion is squarely raised. It could be in that forum where petitioners' allegation of fraud in the settlement of the estate and forgery of the reconstituted title RT-40973 could be validly ventilated. [7] Similarly, the issue of Jesusa Pengson's filiation could only be resolved in an action specifically brought for that purpose before a proper tribunal. Those substantive issues could hardly be made fit for settlement in an ejectment suit, without straining the fragile fabric of judicial competence below. WHEREFORE , the instant petition is DENIED for lack of merit. The assailed decision of the Court of Appeals is AFFIRMED . Costs against petitioners. SO ORDERED.
G.R. Nos. 224083-84 - MAXIMO C. MARIANO, SOLEDAD C. MARIANO, SUSAN C. MARIANO, RUTH M. MARIANO, JOSEPH M. MARIANO, AND MARILOU MARIANO-JACINTO, VS. CLEMENTE P. MARIANO.
G.R. Nos. 224083-84 -
CaseG.R. No. 238892 - SPOUSES AURORA TOJONG SU AND AMADOR SU, VS. EDA BONTILAO, PABLITA BONTILAO, AND MARICEL DAYANDAYAN.D E C I S I O N - Supreme Court E-Library
G.R. No. 238892 -
CaseMOHAMMAD ALI SALASA, SPOUSES CONCEPCION AND JAMES TAN, SPOUSES SONIA AND ALNAEB JULJANI, SPOUSES RASALIE AND YUSOP ABDULLA, PROVINCIAL PROSECUTOR MOHAMMADJAN SARAJAN, IN HIS CAPACITY AS ACTING REGISTER OF DEEDS OF SULU, AND ATTY. ULKA T. ULAMA, AS COUNSEL OF THE, VS. HON. COURT OF APPEALS, AND SPOUS
G.R. No. 130562 -