[ G.R. No. 48506. July 29, 1942 ] 73 Phil. 634
[ G.R. No. 48506. July 29, 1942 ]
HAW PIA, PETITIONER, VS. ROMAN A. CRUZ, JUDGE OF FIRST INSTANCE OF TAYABAS, ET AL., RESPONDENTS. D E C I S I O N
MORAN, J.:
In cadastral case No. 63 of the Court of First Instance of Tayabas, G. L. R. 0. Record No. 1019, a receiver was appointed by the respondent Judge to have possession of lot No. 8610 during the pendency of an appeal interposed by one of the adverse claimants. Haw Pia, one of the claimants, filed the present petition for certiorari and prohibition, praying that the order of receivership be declared null and void, it having been issued without jurisdiction. The jurisdiction of Courts of First In-stance in cadastral cases is special and limited. As such, they can exercise no powers, which have not expressly been granted them by law. And there is no provision of law which authorizes a court to appoint a receiver in a cadastral proceeding. Cadastral courts have been created for the only purpose of settling and adjudicating titles to lands. (Sections 1, 5 and 11 of Act No. 2259.) Questions of possession, other than that which is merely incidental to title, or questions as to enjoyment of fruits are without their sphere of power and should be settled in a separate proceeding. A motion for contempt has been filed in this case by the petitioner charging respondent Aurelia Altea and receiver Andres Parco with having violated the preliminary injunction issued by this Court. The affidavits filed by the parties fail to show the guilt of Aurelia Altea and, as to the receiver, his acts are shown to have been performed in good faith. Upon knowing the true meaning of the order issued by this Court, he immediately ceased possessing the property and delivered the fruits thereof to the Chief of Police. The order issued by the respondent Judge appointing a receiver is hereby set aside, with costs against respondent Aurelia Altea. The motion for contempt filed by the petitioner is hereby dismissed. Yulo, C. J., Ozaeta and Bocobo, JJ., concur.