Petitioner
Simeon Cabang
Respondent
Mr. & Mrs. Guillermo Basay
Citation
G.R. No. 180587
Court
Supreme Court
Division
Third Division
Ponente
Ynares-Santiago, J.
Decided
March 20, 2009

Summary

This case involved a property dispute where respondents Basay owned Lot No. 7777 by title but petitioners Cabang had possessed it since 1956, believing they occupied a different lot awarded to them in cadastral proceedings. When the error was discovered in 1992, respondents sued for recovery. The Court of Appeals declared respondents entitled to possession but recognized petitioners' rights as builders in good faith under Civil Code provisions requiring compensation for improvements. When execution was sought, petitioners claimed family home exemption, but the Supreme Court rejected this defense as raised too late and legally unfounded since they do not own the property. The Court emphasized that final judgments must be executed as a matter of right and cannot be varied by subsequent claims, affirming respondents' right to possession and ordering petitioners to vacate.

Statutes applied

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By the Intellegal Editorial Board · March 20, 2009

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