Gerardo Mendoza v. Soledad Salinas

Summary

The Supreme Court reversed the RTC's issuance of a writ of possession against the Mendoza family who claimed actual possession of registered land since 1964. While writs of possession are ministerial duties in land registration cases, this rule does not apply against actual possessors claiming ownership. Under Civil Code Article 433, actual possession under claim of ownership creates a disputable presumption of ownership, requiring the registered owner to file appropriate judicial action for recovery rather than summarily obtaining possession through a writ. The Court emphasized that possessors under claim of ownership cannot be ousted through mere motion but require full judicial proceedings to determine competing ownership claims. The decision protects actual possessors' rights while maintaining the integrity of land registration proceedings.