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Lucero vs.

October 28, 1968
No. L-16995
In 1938, a decision was promulgated by a Court of First Instance in a land registration
case in favor of Julio Lucero. The final decree of which was issued on October 1941. On
September 1959, sought for the issuance of a writ of possession. The CFI granted the same
saying that once the final decree has been issued the issuance of a writ of possession is only a
matter of course....
The herein oppositors who are affected by the writ filed an urgent motion to quash the
writ of possession. Arguing, among others, that (a) they were not oppositors and defeated parties
in the previous land registration proceeding and (b) there is a pending case between the parties
for reconveyance. Their motion was denied, as well as their numerous subsequent motions for
Whether or not the subject writ of possession is supposed to be issued.
The CFI is correct.
When a final decree has been issued in a land registration case, the issuance of a writ of
possession is only a matter of course if nothing in the past has been issued in favor of the
registered owner.
There is no period of prescription as to the issuance of a writ of possession.
A writ of possession may be issued not only against the person who has been defeated in
a registration case but also against anyone adversely occupying the land or any portion thereof
during the land registration proceedings.
The mere pendency of a suit for reconveyance does not oust the trial court the authority
to issue a writ possession.
The issuance of a decree of registration is part of the registration proceedings and is
supposed to end the said proceeding.
A writ of demolition may likewise issue, especially considering that the latter writ is but a
complement of the former, which without said writ of demolition would be ineffective