VENCILAO V. VANO
182 SCRA 492
FACTS:Three consolidated cases are resolved, given that there are same parties and parcels of land in question.
On the first case, it was tackled that the heirs of the late Juan Reyes filed an application for registration of the subject parcel of land. A reconveyance case was filed against them by petitioners on the ground that they are true owners of thereof.
The second case involved the death of the administratix of the estate of the owner of the subject land. After her death, a TCT was issued in the name of Pedro Luspo, and another was issued in the name of several persons. A writ of possession was issued by the trial court against the petitioners.
HELD:Petitioners contend that they were not claimants-oppositors nor defeated oppositors in the said land registration case, as their names don’t appear in the amended application for registration. They have occupied the subject parcels of land for more than 30 years which began long before the application for registration; and that even after registration, they continued to possess the land.
In a registration case, the judgment confirming the title of the applicant and ordering its registration in his name necessarily carried with it the right of ownership. The issuance of the writ of possession is therefore
sanctioned by existing laws in this jurisdiction and by the generally accepted principle upon which the administration of justice rests. A writ of possession may be issued not only against the person who has been defeated in a registration case but also against anyone unlawfully and adversely occupying the land or any portion thereof during the land registration proceedings up to the issuance of the final decree.