Heirs of Roman Soriano v CA

GR No. 128177, August 15, 2001 ● Spouses Abalos moved for the issuance of
an alias writ of execution and/or writ of
FACTS:
possession to place them in possession o
Lot 1 and Lot2B.
● property subject of this case is a parcel of
● The Motion was held in abeyance by the
land containing located in Lingayen,
Land Registration Court until the DARAB
Pangasinan originally owned by Adriano
case has been resolved.
Soriano until his death.
● The CA annulled the Resolution of the Land
Registration Court and ordered the issuance
● The property was passed on to his heirs
of a wit of possession in favor of the
who leased the same to spouses de Vera
Spouses Abalos
and for a period of fifteen (15) years
beginning July 1, 1967 with Roman, one of
ISSUE: WON the owner can effectively eject
the children of Adriano, as a caretaker of
the possessor thereof whose security of tenure
the property during the period of the lease.
is still pending determination in DARAB?
● The heirs of Adriano Soriano divided
RULING:
property into two (2) lots, The first lot was
sold to the Spouses Abalos, while in the
No, the SC ruled that There is no dispute that
second lot, the ¾ shares of the other heirs
the private respondents’ title over the land
were also sold to the Spouses Abalos.
under litigation has been confirmed with
Roman did not sell his share on the second
finality. However such declaration pertains only
lot.
to ownership and does not automatically
include possession, especially so in the instant
● De Vera spouses ousted Roman but he filed
case, where there is a third party occupying the
a CAR Case for reinstatement and
said parcel of land, allegedly in the concept of
reliquidation against the de Vera Spouses.
an agricultural tenant.
The CAR authorized the ejectment of
Roman While the CA reversed that decision.
There is ownership when a thing pertaining to
one person is completely subjected to his will in
● Before that said decision, Spouses de Vera
a manner not prohibited by law and consistent
and Roman entered into a post-decisional
with the rights of others. On the other hand,
agreement wherein the former allowed the
possession is defined as the holding of a thing
latter to sub-lease the property until the
or the enjoyment of a right. Literally, to possess
termination of the lease in 1982 and this
means to actually and physically occupy a thing
was approved by the agrarian Court.
with or without right.
● Lot 1 and Lot 2B was registered in the name
Possession may be had in one of two ways:
of the Spouses Abalos
possession in the concept of an owner and
possession of a holder. A person may be
● Roman died and was replaced by his heirs,
declared owner but he may not be entitled to
filed with the DARAB a complaint against
possession. The possession may be in the hands
the spouses Abalos for “Security of Tenure
of another either as a lessee or a tenant.
with prayer for status quo order and
preliminary injunction”
The Tenancy Act, protects the right of the
agricultural tenant and may limit the exercise of
rights by the lawful owners.