CATALINO MAGLASANG, PETITIONER, VS. CIRILO C. MACEREN, ALEJANDRA CONDE, SANTIAGO TUMOLAK, MARIA DE TUMOLAK, REYMONDA TUMOLAK, FERNANDO CAGOYONG, AGREFINO DE LA CRUZ, CELERINA DE…

Petitioner secured the registration in his name under the
Torrens system of lots Nos. 8898 and 5106 of the cadastral survey of Ormoc,
Leyte, He sought from the trial court a writ of possession against several
persons.

Respondent judge, in an order issued on September 25, 1947, and
amended in the supplementary order of Spetember 26, 1947, ordered the issuance
of a writ of possession against Alejandra Conde and Santiago Tumolak with
respect to lot No. 5106, it appearing that said persons were
claimants-oppositors to said lot as shown by their answer filed on April 27,
1936, and that their claims were dismissed in the decision rendered October 31,
1940, but denied the petition as regards the other pesons who took possession of
the lots in question after final adjudication of the same, upon the theory that
said persons cannot be expelled from their possession by a mere motion unless
they are brought to courts of justice by independent ordinary action, invoking
to said effect the doctrine laid down by the Supreme Court in Yumul vs. Rivera
and Dizon, 64 Phil., 13 and Sepagan vs. Dacillo, 63 Phil., 412.

Maglasang seeks now from us a mandatory order to compel
respondent judge to issue a writ of possession against respondents regarding
whom respondent judge denied the issuance of a writ of possession.

The petition is without merit. Respondent judge acted correctly
in refusing to issue the writ of possession prayed for. The persons who took
possession of the lots in question after the final adjudication of the same in
registration proceedings cannot be summarily ousted through a writ of possession
secured by amere motion. Regardless of any title or lack of title of said
persons to hold possession of the lots in question, they cannot be ousted
without giving them their day in court in a proper independent proceeding.

Petition denied, with costs against petitioner.

Moran, C. J., Ozaeta, Paras, Reria, Pablo, Bengzon, Tuason,
Montemayor, and Reyes, JJ., concur.