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LUCERO V. LOOT 25 SCRA 687
LUCERO V. LOOT
25 SCRA 687
FACTS:The trial court granted a writ of possession in favor of Lucero. This was opposed to by oppositors Loot but the court didn’t see any merit in the same. Consequently, a writ of possession was issued.
HELD:A writ of possession may be issued not only against the person who has been defeated in a registration case but also against anyone adversely occupying the land or any portion thereof during the land registration
proceedings. the issuance of the decree of registration is part of the registration proceedings. In fact, it is supposed to end the said proceedings. Consequently, any person unlawfully and adversely occupying said lot at any time up to the issuance of the final decree, may be subject to a judicial ejectment by means of a writ of possession and it is the duty of the registration court to issue said writ when asked by the successful claimant.
If the writ of possession issued in a land registration implies the delivery of the possession of the land to the successful litigant therein, a writ of demolition must, likewise issue, especially considering that the latter writ is but a complement of the latter, which, without said writ of execution would be ineffective.