This case has been cited 1 times or more.
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2014-03-31 |
BERSAMIN, J. |
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| Possession is an essential attribute of ownership.[25] Whoever owns the property has the right to possess it.[26] Adjudication of ownership includes the delivery of possession if the defeated party has not shown any right to possess the land independently of her rejected claim of ownership.[27] In Nazareno v. Court of Appeals,[28] the Court affirmed the writ of execution awarding possession of land, notwithstanding that the decision sought to be executed did not direct the delivery of the possession of the land to the winning parties. Citing Perez v. Evite,[29] the Court stated that: A case in point is Perez v. Evite wherein the lower court declared Evite as owner of the disputed land. When the judgment became final and executory, Evite moved for the issuance of a writ of execution which the trial court granted. Perez moved to quash the writ arguing that the writ was at variance with the decision as the decision sought to be executed merely declared Evite owner of the property and did not order its delivery to him. Perez argued citing the cases of Jabon v. Alo and Talens v. Garcia which held that adjudication of ownership of the land did not include possession thereof. In resolving in favor of Evite this Court held | |||||