04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly SO ORDERED.[19] Hence, this Petition brought by the OSG on behalf of the Republic of the Philippines (the Republic). The Issue The ultimate issue to be resolved in this case is whether Rev. Cortez is entitled to a final writ of mandatory injunction. The Parties' Arguments The bone of contention as the OSG sees it is the injunctive writ since Rev. Cortez failed to prove his clear and positive right over the 5-hectare portion of Palaui Island covered by the same. This is considering that by his own admission, Rev. Cortez started to occupy the said area only in 1962. Hence, when the property was declared as a military reserve in 1967, he had been in possession of the 5-hectare area only for five years or short of the 30-year possession requirement for a bona fide claim of ownership under the law. The OSG thus argues that the phrase "subject to private rights" as contained in Proclamation No. 201 and Proclamation No. 447 cannot apply to him since it only pertains to those who have already complied with the requirements for perfection of title over the land prior to the issuance of the said proclamations. Rev. Cortez, for his part, asserts that the arguments of the OSG pertaining to ownership are all immaterial as his Petition for injunction does not involve the right to possess based on ownership but on the right of possession which is a right independent from ownership. Rev. Cortez avers that since he has been in peaceful and continuous possession of the subject portion of Palaui Island, he has the right of possession over the same which is protected by law. He asserts that based on this right, the writ of injunction was correctly issued by the RTC in his favor and aptly affirmed by the CA. On the technical side, Rev. Cortez avers that the Republic has no legal personality to assail the CA Decision through the present Petition since it was not a party in the appeal before the CA. The Court's Ruling We grant the Petition. For starters, the Court shall distinguish a preliminary injunction from a final injunction. "Injunction is a judicial writ, process or proceeding whereby a party is directed either to do a particular act, in which case it is called a mandatory injunction, [as in this case,] or to refrain from doing a particular act, in which case it is called a prohibitory injunction."[20] "It may be the main action or merely a provisional remedy for and as an incident in the main action."[21] elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61257 6/13