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Aldover Vs Court of Appeals

X acquired ownership of a mortgaged lot through an extrajudicial foreclosure. Z was occupying a portion of the lot and claimed to have purchased it from Y. Z sought to restrain X from dispossessing him through a preliminary injunction. The court of appeals granted the injunction, finding that Z was in actual possession and raising a presumption of ownership, and that demolishing Z's home without a judicial process would violate due process rights. The issuance of the preliminary injunction was proper to prevent irreparable harm until ownership could be properly adjudicated.

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Marchini Sandro Cañizares Kong
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254 views1 page

Aldover Vs Court of Appeals

X acquired ownership of a mortgaged lot through an extrajudicial foreclosure. Z was occupying a portion of the lot and claimed to have purchased it from Y. Z sought to restrain X from dispossessing him through a preliminary injunction. The court of appeals granted the injunction, finding that Z was in actual possession and raising a presumption of ownership, and that demolishing Z's home without a judicial process would violate due process rights. The issuance of the preliminary injunction was proper to prevent irreparable harm until ownership could be properly adjudicated.

Uploaded by

Marchini Sandro Cañizares Kong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INJUNCTION

ALDOVER VS COURT OF APPEALS 706 SCRA 188

When Y failed to pay the loan, the mortgaged lot was extrajudicially foreclosed where X
emerged as the winning bidder and a TCT was issued in Xs name. A Writ of Possession was
issued in favor of X by the RTC- Pasig City Branch 71. The Sheriff issued a Notice to Vacate
but there are other persons claiming to be owners occupying the subject lot. Z filed before the
RTC- Pasig City Branch 268 a Complaint alleging that Y sold to him the lot he occupies and
sought the issuance of a TRO and/or Writ of Preliminary Injunction to restrain X from
committing acts of dispossession. However, it was denied by the Branch 268 on the ground that
it cannot interfere with the order of a coordinate court. Meanwhile, X filed a Motion for Special
Order of Demolition which Branch 71 granted. Z filed before the CA a Petition for Certiorari,
Prohibition, Injunction with prayer for the issuance of a TRO and/or Writ of Preliminary
Injunction against X and Y. The CA granted Zs prayer for the issuance of a TRO restraining the
implementation of the Order of Demolition. Was the issuance of a writ of preliminary injunction
proper?

Ans: Yes. Respondents are in actual possession of the disputed portions of subject property
which raises a disputable presumption that they are the owners thereof. Thus, petitioners cannot
resort to procedural shortcut in ousting them by the simple expedient of filing a Motion for
Special Order of Demolition for under Article 433, petitioners have to file the appropriate
judicial process to recover the property from the respondents. This "judicial process could mean
no less than an ejectment suit or a reinvindicatory action, in which the ownership claims of the
contending parties may be properly heard and adjudicated." Moreover, they were not impleaded
and did not take part would be tantamount to taking of real property without due process of law.
In fine, the CA cannot be said to have acted capriciously, whimsically, arbitrarily or despotically
in issuing its Writ of Preliminary Injunction to prevent a threatened or continuous irremediable
injury. Indeed, the precipitate demolition of their houses would constitute material and
substantial invasion of their right which cannot be remedied under any standard compensation.
Hence, the need for a Writ of Preliminary Injunction.

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