SCA - Lumapas v. Tamin (Mandamus Lie To COMPEL Issuance of Writ of EXECUTION)
SCA - Lumapas v. Tamin (Mandamus Lie To COMPEL Issuance of Writ of EXECUTION)
SCA - Lumapas v. Tamin (Mandamus Lie To COMPEL Issuance of Writ of EXECUTION)
Tamin
A.M. No. RTJ-99-1519, June 27, 2000
FACTS:
What happened?
Guillermo Lumapas died single and intestate and left a parcel of land
Complainant Gregorio, claiming to be the only son and heir of the deceased
Guillermo, succeeded in obtaining OCT No. 06-151 over the same parcel of land
BY substituting his name in the stead of Guillermo Lumapas in the cadastral
proceedings
Gregorio filed a complaint for Recovery of Possession/Ownership over the said
parcel of land against Alan U. Lumapas, et al. nephews and nieces of the
deceased Guillermo before the sala of respondent Judge Tamin
Also before Judge Tamins sala, Alan Lumapas et. al. also filed a complaint for
Recovery of the same parcel of land against Gregorio Limpot
two (2) cases were consolidated,
on February 12, 1991, Judge Tamin declared that Gregorio is the son of the deceased
Guillermo Lumapas and his sole heir, and ordered the Register of Deeds of Zamboanga
del Sur to register in the name of Gregorio Limpot Lumapas
Alan Lumapas and his co-heirs APPEALED the decision to the Court of
Appeals
CA declared
POSSESSION
Execution
BUT Judge Tamin DENIED his motion for the reason that the CAs
award of possession was for Gregorio Limpot-LUMAPAS. However, Gregorio
Limpot is NOT Gregorio Limpot-LUMAPAS since the CA has declared that
Gregorio is NOT Guillermos son; he has NO LEGAL RIGHT to use LUMAPAS
as surname. "Gregorio Limpot-Lumapas" is therefore, a NON-ENTITY in so far as the law
is concerned for there is in fact no such person existing. (murag inamaw noh?)
So, Gregorio filed a Petition for Mandamus with the Court of Appeals
ISSUE:
WON Judge Tamin erred in REFUSING to issue the writ of execution of
the decision of the Court of Appeals despite the standing Writ of Mandamus?
RULING:
YES, Judge Tamin ERRED in REFUSING to issue the writ of execution
of the decision of the Court of Appeals despite the standing Writ of Mandamus.
His refusal was without sufficient justification.
Judge Tamin had no option but to OBEY THE WRIT. Refusal to obey it is clearly a
violation of the order of, and a manifest disrespect towards, a court of superior jurisdiction.