FIFTH DIVISION

[CA-G.R. SP Case No. 40419.  February 24, 1998.]

ROMEO FERNANDEZ, petitioner, vs. HON. PRUDENCIO VL. RUIZ, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 68, CAMILING, TARLAC AND SPS. LUIS BENGZON AND REMEDIOS BENGZON, respondents.

D E C I S I O N

ELBINIAS, J p:

THIS Petition, although designated by petitioner as one for review of the decision of respondent Judge of the RTC, Branch 68, Camiling, Tarlac, is actually an appeal from said decision which was rendered in a Special Civil Action (Case No. 95-20-Cam.) for certiorari.

The private respondents herein, Luis Bengzon and Remedios Bengzon, filed the petition for certiorari with respondent RTC Judge to nullify the MTC order which held in abeyance their motion for demolition. The demolition was sought to execute the MTC decision against the defendants (Eustaquia Sadiamona-Fernandez and Cristy Fernandez) in Civil Case No. 93-5 for unlawful detainer, the decision having become final and executory for absence of appeal.

The dispositive portion of the MTC decision dated July 7, 1994 that had become final and executory ordered the aforenamed defendants 1) to vacate the land subject of the case, 2) pay the sum of P5,000 attorney's fee, and 3) pay the cost of suit.

The record shows that during pendency of the unlawful detainer case, herein petitioner filed a case with the Provincial Agrarian Adjudication Board of Tarlac against herein private respondents for maintenance of peaceful possession and ownership of the land in question with a prayer for restraining order. The herein petitioner claimed that the land in question was covered by Certificate of Land Transfer No. 0-085171 issued in his name. It may be noted that even before the MTC rendered its decision, the Provincial Adjudication Board of Tarlac, in its decision dated April 25, 1994, had already adjudicated the DARAB Case No. 516-T-94 involving the land in question as well as the covering Certificate of Land Transfer No. 0-085171 of herein petitioner in the latter's favor. The dispositive portion of said decision reads as follows:

"WHEREFORE, premises considered, judgment is hereby rendered as follows:

1.      Declaring the subject landholding as covered by Operation Land Transfer pursuant to Presidential Decree No. 27;

2.      directing the Provincial Agrarian Reform Officer thru the CLOA/EP Division to generate Emancipation Patent in favor of the petitioner Romeo Fernandez;

3.      Declaring that as far as the Department of Agrarian Reform is concerned, the Transfer Certificate of Title No. 250852 issued to Dr. Luis C. Bengson (sic) be declared by the proper forum as null and void because he is not a farmer/allocatee as per description of said title where it appears that it is OLT area, therefore, Emancipation Patent should be given to the rightful beneficiary the late Sebastian Fernandez."

This decision of the Provincial Adjudication Board was on appeal with the DAR Adjudication Board at Diliman, Quezon City, when the MTC, in its order dated December 19, 1994, held in abeyance herein private respondents' motion for demolition.

It was for this reason that the MTC issued the questioned order dated December 19, 1994 holding in abeyance herein private respondents' motion for demolition pending final determination of the agrarian case which, as stated above, was on appeal with the DAR Adjudication Board at Diliman.

Their motion for reconsideration of the abeyance order was denied in the MTC order dated April 14, 1995.

Those orders were the subject of the petition for certiorari filed with respondent RTC Judge by herein private respondents against the aforenamed defendants. The respondent Judge's appealed decision in the special civil action a quo annulled the questioned MTC order. The appealed decision carries this dispositive portion:

"ACCORDINGLY, respondent court's order dated April 14, 1995 which denied petitioners' motion for reconsideration of and the order dated December 19, 1994 which held in abeyance resolution of petitioners' motion for demolition are hereby annulled and set aside.

"IT IS SO ORDERED."

Subsequently, on May 9, 1996 petitioner appealed respondent RTC Judge's decision in the special civil action a quo dated January 5, 1996 to this Court, seeking to annul said MTC order. While this appeal pended the DAR Adjudication Board at Diliman on April 21, 1997 affirmed the appealed decision of the Provincial Adjudication Board at Tarlac.

The question presented here now is whether herein petitioner is entitled to the relief prayed for in his opposition to the demolition, which, in recognition of his right to the relief, albeit temporary, the MTC held in abeyance pending outcome of the appeal before the DAR Adjudication Board at Diliman as the case involved the issue of possession and ownership of the land and improvements claimed by petitioner.

We answer in the positive.

The abeyance order in question has the effect of a preliminary writ of injunction to temporarily stop the demolition so as not to work injustice to petitioner nor to render the judgment on appeal before the DAR Adjudication Board at Diliman ineffectual. In fact, after the filing of this appeal the DAR Adjudication Board in Diliman affirmed in toto the decision of the Provincial Adjudication Board of Tarlac in favor of herein petitioner, declared that herein petitioner's landholding is covered by Operation Land Transfer, directed the Provincial Agrarian Reform Officer to generate Emancipation Patent in favor of said petitioner, declared that TCT No. 250852 issued to herein private respondent Luis Bengzon is null and void as he was and is not a farmer/allocatee of the land in question, and directed that the Emancipation Patent be given to herein petitioner.

WHEREFORE, the RTC decision appealed from is hereby REVERSED, and the MTC resolution in Civil Case No. 93-5, dated December 19, 1994, is REINSTATED. No costs.

SO ORDERED.

Hofileña and Amin, JJ., concur.