Spouses Archibal Latoja v. Honorable Elvie Lim

Summary

This case involves a dispute over the propriety of issuing a Writ of Possession following consolidation of title in a pacto de retro sale. Teresita Cabe obtained consolidation of ownership over property when the vendor failed to redeem within the stipulated period. However, when she sought a Writ of Possession, Spouses Latoja challenged this through certiorari, arguing that the same judge had previously awarded them half ownership of the same property in a partition case. The Supreme Court granted the petition, ruling that Judge Lim committed grave abuse of discretion because the case did not fall under the recognized instances for issuing writs of possession, and that consolidation of title only resolves ownership, not possession. The Court emphasized that possession and ownership are distinct concepts, and Cabe's proper remedy should be through appropriate possessory actions rather than a writ of possession.