The Supreme Court ruled that a writ of possession cannot be issued in a mandamus case where the original judgment only compelled the issuance of a Final Bill of Sale. This means that while a court can order a government official to issue a document, it cannot, in the same action, order the delivery of property based solely on that order. A separate action, such as ejectment or reconveyance, is necessary to obtain possession. The decision underscores the principle that execution of a judgment must strictly adhere to the original order, preventing courts from overstepping their authority.

From Tax Sale to Eviction Notice: When Does a Mandamus End?

This case arose from a dispute over real property taxes owed by Panay Railways, Incorporated (PRI). Due to these delinquencies, the City Treasurer of Roxas City auctioned off the subject lots, with Edmund Sia emerging as the highest bidder. However, then-Mayor Juliano Alba complicated matters by issuing Executive Order No. 08-97, which nullified the auction sale. This led Sia to file a petition for the annulment of EO 08-97, mandamus, and damages, seeking the issuance of a Final Bill of Sale in his favor. The central legal question is whether the court, having ordered the issuance of the Final Bill of Sale through mandamus, could then issue writs of possession and demolition based on that initial order.

The Regional Trial Court (RTC) initially ruled in Sia’s favor, ordering the City Treasurer to issue the Final Bill of Sale. This decision was affirmed by the Court of Appeals (CA) and eventually reached the Supreme Court, which denied PRI’s appeal. Following this victory, Sia sought to execute the judgment, but the City Treasurer refused to issue the Final Bill of Sale, claiming that Sia still needed to settle delinquent real property taxes. Instead of paying these taxes, Sia filed a motion to divest PRI of its title and vest it in himself, which the RTC granted. Subsequently, Sia moved for the delivery of possession of the lots, which were occupied by respondents Wilfredo Arcenas, Fernando Lopez, and Pablo Rafanan, who were lessees of PRI. This led to the issuance of a Writ of Possession and a Writ of Demolition in Sia’s favor.

The respondents then moved to quash these writs, arguing that the original decision in the mandamus case did not authorize the issuance of a writ of possession. They contended that executing a final judgment in a mandamus case is similar to executing special judgments, as outlined in the Rules of Court. The RTC denied this motion, reasoning that the tax delinquency sale was akin to an extrajudicial foreclosure, justifying the writs. However, the CA reversed this decision, holding that the writs were beyond the scope of the original mandamus order. The CA directed the RTC to enforce the Writ of Execution in accordance with the rules governing special judgments.

The Supreme Court affirmed the CA’s decision. It emphasized that the original action was primarily a petition for mandamus, aimed at compelling the City Treasurer to perform a ministerial duty under Section 262 of the Local Government Code of 1991. A writ of mandamus is a command from a court to an inferior body or person, requiring the performance of a specific duty resulting from their official station or operation of law. As the Court clarified:

“It is employed to compel the performance, when refused, of a ministerial duty, which, as opposed to a discretionary one, is that which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of his or its own judgment upon the propriety or impropriety of the act done.”

Since the judgment in the mandamus case only compelled the issuance of the Final Bill of Sale, it was considered a special judgment. Such judgments direct the performance of a specific act, and their execution is governed by Section 11, Rule 39 of the Rules of Court. This rule states that a certified copy of the judgment should be served on the party required to obey it, and disobedience can be punished as contempt. This is consistent with Section 9, Rule 65, which deals with the enforcement of orders in mandamus cases.

The Court noted that the City Treasurer had refused to issue the Final Bill of Sale despite the final judgment and the Writ of Execution. In such a case, the RTC should have cited the City Treasurer for contempt to enforce obedience. Instead, it issued a writ of possession, which the Supreme Court deemed inappropriate. A writ of possession is used to enforce a judgment to recover land possession. It is typically issued in land registration proceedings, judicial foreclosures, extrajudicial foreclosures, and execution sales.

In this instance, the judgment in the mandamus case did not order the transfer of possession of the lots to Sia. Therefore, the RTC exceeded its authority by issuing the writs of possession and demolition. The Court emphasized that execution orders must conform to the dispositive portion of the decision and cannot vary or go beyond its terms. The Supreme Court underscored this point by stating:

“Where the execution is not in harmony with the judgment which gives it life and exceeds it, it has no validity.”

The Court suggested that Sia could have pursued an action for ejectment or reconveyance to obtain possession, but these actions were not appropriate in a mandamus case. Consequently, the Supreme Court affirmed the CA’s decision, declaring the writs of possession and demolition null and void. This ruling reinforces the principle that courts must adhere strictly to the scope of their judgments, especially in special civil actions like mandamus.

FAQs

What was the key issue in this case?	The key issue was whether a court could issue a writ of possession and demolition in a mandamus case where the original judgment only ordered the issuance of a Final Bill of Sale. The Supreme Court determined that it could not.
What is a writ of mandamus?	A writ of mandamus is a court order compelling a government official or body to perform a specific, ministerial duty required by law. It is used when the official or body refuses to perform that duty.
What is a writ of possession?	A writ of possession is a court order directing the sheriff to enter land and give possession to the person entitled to it under a judgment. It is typically used in cases involving land registration, foreclosure, or execution sales.
Why were the writs of possession and demolition deemed invalid in this case?	The writs were deemed invalid because the original judgment in the mandamus case did not order the transfer of possession of the property. The court’s execution orders must conform to the original judgment’s terms.
What should the RTC have done when the City Treasurer refused to issue the Final Bill of Sale?	The RTC should have cited the City Treasurer for contempt of court to enforce obedience to the judgment. Contempt proceedings are appropriate when a party refuses to comply with a court order.
What alternative actions could Edmund Sia have taken to obtain possession of the property?	Edmund Sia could have pursued an action for ejectment or reconveyance to obtain possession of the property. These actions are specifically designed to address issues of property ownership and possession.
What is a special judgment, and how does it affect the execution of a court order?	A special judgment is a judgment that directs the performance of a specific act, rather than the payment of money or the delivery of property. The execution of a special judgment is limited to directing compliance with the judgment and, if necessary, punishing disobedience with contempt.
What is the practical implication of this ruling?	The practical implication is that a party who obtains a judgment in a mandamus case compelling the issuance of a document must pursue separate legal action to obtain possession of property related to that document. The mandamus action alone is insufficient to warrant a writ of possession.

This case clarifies the limitations on the execution of judgments in mandamus cases, emphasizing the need for strict adherence to the original order. It serves as a reminder that obtaining a favorable judgment is only the first step; enforcing that judgment requires careful consideration of the appropriate legal procedures.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Edmund Sia vs. Wilfredo Arcenas, G.R. Nos. 209672-74, January 14, 2015