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356 - Dormitorio v. Fernandez, 72 SCRA 388 (1976)

1) Serafin Lazalita purchased land from the municipality in 1948 and fully paid for it in 1958, while the Dormitorios also purchased a neighboring plot of land. 2) In 1958, the Dormitorios filed a case claiming the Lazalitas were occupying their land, and the court ruled in their favor, issuing a writ of execution. 3) However, the parties then reached an agreement, stipulating that the municipality would help correct the issue by providing another lot or compensation. Based on this, the judge set aside the writ of execution. 4) The Dormitorios appealed, arguing the judge abused his discretion. The Supreme Court ruled that no abuse of discretion

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105 views2 pages

356 - Dormitorio v. Fernandez, 72 SCRA 388 (1976)

1) Serafin Lazalita purchased land from the municipality in 1948 and fully paid for it in 1958, while the Dormitorios also purchased a neighboring plot of land. 2) In 1958, the Dormitorios filed a case claiming the Lazalitas were occupying their land, and the court ruled in their favor, issuing a writ of execution. 3) However, the parties then reached an agreement, stipulating that the municipality would help correct the issue by providing another lot or compensation. Based on this, the judge set aside the writ of execution. 4) The Dormitorios appealed, arguing the judge abused his discretion. The Supreme Court ruled that no abuse of discretion

Uploaded by

Reynaldo Lepatan Jr.
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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356 - Dormitorio v.

Fernandez, 72 SCRA 388 (1976)

Title

G.R. No. L-25897 August 21, 1976


AGUSTIN DORMITORIO and LEONCIA D. DORMITORIO vs.
HONORABLE JOSE FERNANDEZ, SERAFIN LAZALITA

Topic

Novation

Principle
Animus Novandi
Intention of the original parties to an obligation to replace an existing obligation or party to an obligation with a
new one

Res judicata
A thing or matter that has been finally juridically decided on its merits and cannot be litigated again between the
same parties. 

Facts
On Dec. 7,1948 Serafin Lazalita bought a parcel of land to Municipality of Victorias, Negros occidental a 230 Square
meters’ payable for 1 peso per square meter lot no.1 block 16 which they were been living in that land, and
thereafter fully paid it on year 1958, executed absolute deed of sale by Municipality Mayor of Victoria, issued TCT
23098 by ROD.

Spouses Dormitorio also purchased parcel of land in Municipality of Victoria in cash, the Lot. 2 with area of 320
square meters there after obtain the title, however, they do not have actual possession of the land.

On 1958, the spouses Dormitorio, filed a case in RTC presided by Hon. Fernandez, rendered decision writ of
execution against the Lazalita to vacate the land upon learning from land surveyor that the land where the Family
Lazalita built their house is lot no. 2 which the Dormitorio bought to the Municipality of Victoria, and the lot. 1
which is their rightful land is converted into road.

This was brought and known to the Municipality of Mayor, and upon settlement That the Municipality of Victorias,
under the present administration, is willing to amicably settle the case, now before this Honorable Court, by giving
the plaintiff another lot, if they could open their newly proposed subdivision, or pay back Lazalita the amount
necessary and just for plaintiff to acquire another lot for his residence, and for the expenses of transferring his
present residential house thereto

The writ of execution then set aside by Hon. Fernandez on the basis of Agreed Stipulation of Facts
Spouses Dormitory then filed to court of appeals on the action of Hon. Hernandez on setting aside the final
decision of writ of execution which amount to grave abuse of discretion.

Issue
Hon. Fernandez committed a grave abuse of discretion amounting to lack and excess jurisdiction when it set aside
his final judgment of writ of execution on the basis of Agreed Stipulation of Facts

Ruling
No, the action of the Hon. Fernandez is not a grave abuse of discretion, because the agreed stipulation of facts is
an act of animus novandi substitution of obligation when they agreed in the stipulated facts that will not execute
the writ making to vacate the Lazalita Family immediately because there is already an action in Municipality to help
and correct the problem.

Hon. Fernandez set aside the writ of execution in an act in accordance with law. He is to be commended, not
condemned.

The parties were, therefore, bound by it. There was thus an element of bad faith when petitioners did try to evade
its terms.

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