The Crucial Role of Property Surveys in Resolving Writ of Possession Disputes

Remedios M. Mascarinas v. BPI Family Savings Bank, Inc., G.R. No. 228138, August 27, 2020

Imagine waking up to find a sheriff at your doorstep, ready to enforce a writ of possession on your property, only to realize it’s a case of mistaken identity. This nightmare became a reality for Remedios Mascarinas, whose property was nearly seized due to a mix-up involving a neighboring lot. The Supreme Court’s decision in her case against BPI Family Savings Bank highlights the critical importance of accurate property surveys in resolving disputes over writs of possession. At its core, the case revolves around the necessity of a survey to prevent the wrongful enforcement of such writs.

In this dispute, Mascarinas faced the threat of losing her property due to a confusion between her lot and a neighboring lot owned by the bank. The central legal question was whether a survey was necessary to clarify the exact locations of the lots in question, ensuring the correct enforcement of the writ of possession.

Understanding the Legal Framework of Writs of Possession and Property Surveys

Writs of possession are legal instruments that allow a mortgagee to take possession of a mortgaged property upon default. However, their enforcement can lead to disputes, especially when property boundaries are unclear. In the Philippines, the Civil Code and the Rules of Court provide the legal basis for such writs, but they also emphasize the importance of ensuring their correct application.

Key legal principles include:

• Accuracy in Property Identification: The Civil Code mandates that property rights must be respected, and any enforcement action must be directed at the correct property.
• Role of Surveys: Surveys are essential in verifying property boundaries, especially in cases where multiple properties are involved. They help prevent errors that could lead to wrongful dispossession.

The relevant provision from the Civil Code states, “The ownership of property gives the right by virtue thereof to enjoy and dispose of a thing, without other limitations than those established by law.” This underscores the importance of ensuring that the correct property is targeted by a writ of possession.

The Journey of Remedios Mascarinas: A Case of Mistaken Identity

Remedios Mascarinas purchased a lot in Caloocan City in 2007, which was previously owned by Josephine Abila. When BPI Family Savings Bank attempted to enforce a writ of possession on a neighboring lot, also previously owned by Abila, Mascarinas found herself in the middle of a legal battle. The bank’s lot was in Quezon City, but due to confusion over the boundaries, Mascarinas’ property was mistakenly targeted.

The procedural journey was fraught with challenges:

1. Mascarinas moved to quash the writ of possession, arguing it was being enforced on the wrong property.
2. She submitted a sketch plan from the Land Registration Authority (LRA) to support her claim.
3. The trial court denied her motion, leading to an appeal to the Court of Appeals.
4. The Court of Appeals initially denied her request for an extension to file a petition for certiorari, citing the strict 60-day reglementary period.

Despite these hurdles, the Supreme Court ultimately ruled in favor of Mascarinas, emphasizing the need for a survey to resolve the dispute:

“This notwithstanding, however, when strict application of the rules would result in irreparable damage, if not grave injustice to a litigant, as in this case, the Court is compelled to relax the rules in the higher interest of substantial justice.”

“The survey of both Lot 3-30-C-1 and Lot 3-30-C-2 is a necessary and indispensable measure to prevent a miscarriage of justice.”

Practical Implications and Key Lessons for Property Owners

The Supreme Court’s decision in this case sets a precedent for the importance of surveys in property disputes, particularly those involving writs of possession. Property owners and mortgagees must:

• Ensure accurate surveys are conducted before enforcing any writ of possession.
• Be vigilant about the potential for errors in property identification, especially in areas with complex boundaries.
• Understand that courts may relax procedural rules to prevent injustice, as seen in Mascarinas’ case.

Key Lessons:

• Always verify property boundaries through professional surveys to avoid disputes.
• Be prepared to challenge enforcement actions if there is any doubt about the property in question.
• Understand that the court may prioritize substantial justice over strict procedural adherence in certain cases.

Frequently Asked Questions

What is a writ of possession? A writ of possession is a court order that allows a mortgagee to take possession of a mortgaged property upon default by the mortgagor.

Why are property surveys important in writ of possession cases? Surveys help accurately identify property boundaries, preventing wrongful enforcement of writs on incorrect properties.

Can a court extend the time to file a petition for certiorari? Yes, under exceptional circumstances, courts may relax procedural rules to prevent grave injustice, as seen in this case.

What should property owners do if they believe a writ of possession is being enforced on the wrong property? Property owners should immediately seek legal counsel and request a survey to clarify the property boundaries.

How can I ensure my property rights are protected? Regularly update property surveys and maintain clear documentation of property boundaries and titles.

ASG Law specializes in property law and dispute resolution. Contact us or email hello@asglawpartners.com to schedule a consultation.