Petitioner
Candelaria Q. Dayot
Respondent
Shell Chemical Company
Citation
G.R. No. 156542
Court
Supreme Court
Division
Third Division
Ponente
Austria-Martinez, J.
Decided
June 26, 2007

Summary

This property dispute arose when Candelaria Dayot, who acquired foreclosed lands from Traders Royal Bank (TRB), sought to eject Shell Chemical Company through an ex-parte writ of possession. Shell claimed prior ownership since 1975 through purchase from Development Bank of Philippines and had been in actual possession with facilities. The Supreme Court affirmed the Court of Appeals' nullification of the trial court's orders, ruling that third parties with adverse ownership claims cannot be summarily ejected through ex-parte proceedings. The Court emphasized that Article 433 of the Civil Code requires proper judicial process for property recovery, and due process prohibits ejecting possessors with competing titles without full adjudication. The case establishes that ex-parte writs of possession are limited to enforcement against original mortgagors and their successors-in-interest, not against third parties claiming superior rights.

Statutes applied

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By the Intellegal Editorial Board · June 26, 2007

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