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HEIRS OF ROMAN SORIANO vs. THE HONORABLE CA, SPOUSES BRAULIO ABALOS and AQUILINA ABALOS

HEIRS OF ROMAN SORIANO, petitioners, vs. THE HONORABLE COURT OF APPEALS, SPOUSES BRAULIO ABALOS and AQUILINA ABALOS, respondents.

G.R. No. 128177 | 2001-08-15

D E C I S I O N

YNARES-SANTIAGO, J.:

May a winning party in a land registration case effectively eject the possessor thereof, whose security of tenure rights are still pending determination before the DARAB?

The instant petition for certiorari seeks to set aside the Decision[1] dated September 20, 1996 of the Court of Appeals in CA-G.R. SP No. 34930 as well as its Resolution[2] dated January 15, 1997, denying petitioners' Motion for Reconsideration.

We quote the undisputed facts as narrated by the Court of Appeals, to wit -

The property subject of this case is a parcel of land containing an area of 24,550 square meters, more or less,...