CASE 2016-0017: MILAGROS DIAZ, EDUARDO Q. CATACUTAN, DANTE Q. CATACUTAN, REPRESENTED BY THEIR COMMON ATTORNEY-IN-FACT, FERNANDO Q. CATACUTAN, PETITIONERS, -VERSUS SPOUSES GAUDENCIO PUNZALAN AND TERESITA PUNZALAN, (G.R. NO. 203075, 16 MARCH 2016, PERALTA, J.) (SUBJECT/S: UNLAWFUL DETAINER; FORCIBLE ENTRY; JURISDICTION) (BRIEF TITLE: DIAZ ET AL VS. SPOUSES PUNZALAN)
DISPOSITIVE:
“WHEREFORE, IN VIEW OF THE FOREGOING, the petition is DENIED. The Decision of the Court of Appeals; dated February 17, 2012, and its Resolution dated July 25, 2012 in CA-G.R. SP No. 112959, are hereby AFFIRMED.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
IN EJECTMENT CASES HOW IS THE JURISDICTION OF THE COURT DETERMINED?
BY THE ALLEGATIONS OF THE COMPLAINT AND THE CHARACTER OF THE RELIEF SOUGHT.
WHAT STATEMENTS OF FACTS SHOULD BE STATED?
SUCH FACTS AS TO BRING THE PARTY CLEARLY WITHIN THE CASES COVERED BY SECTION 1, RULE 70 OF THE 1997 RULES OF CIVIL PROCEDURE?
WHAT DOES SECTION 1, RULE 79 PROVIDES?
SECTION 1. Who may institute proceedings, and when. -Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one (1) year after such unlawful deprivation or withholding of possession, bring an action !n the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming ·under them, for the restitution of such possession, together with damages and costs.
UNDER THE AFOREQUOTED RULE, WHAT ARE POSSIBLE CAUSES OF ACTION?
THERE ARE TWO DISTINCT AND DIFFERENT CAUSES OF ACTION:
1)A CASE FOR FORCIBLE ENTRY, WHICH IS AN ACTION TO RECOVER POSSESSION OF A PROPERTY FROM THE DEFENDANT WHOSE OCCUPATION THEREOF IS ILLEGAL FROM THE BEGINNING AS HE ACQUIRED POSSESSION BY INTIMIDATION, THREAT, STRATEGY OR STEALTH; AND
2) A CASE FOR UNLAWFUL DETAINER, WHICH IS AN ACTION FOR RECOVERY OF POSSESSION FROM THE DEFENDANT WHICH POSSESSION OF THE PROPERTY WAS LAWFUL AT THE INCEPTION BY VIRTUE OF A CONTRACT WITH THE PLAINTIFF, BE IT EXPRESS OR IMPLIED, BUT SUBSEQUENTLY BECAME ILLEGAL WHEN HE CONTINUED HIS POSSESSION DESPITE THE TERMINATION OF HIS RIGHT OR AUTHORITY.
WHAT ARE THE FACTS TO BE STATED IN A CASE FOR UNLAWFUL DETAINER?
THE COMPLAINT MUST STATE THE FOLLOWING:
(1) THE DEFENDANT’S INITIAL POSSESSION ,OF THE PROPERTY WAS LAWFUL, EITHER BY CONTRACT WITH OR BY TOLERANCE OF THE PLAINTIFF;
(2) EVENTUALLY, SUCH POSSESSTON BECAME ILLEGAL UPON THE PLAINTIFF’S NOTICE TO THE DEFENDANT OF THE TENNINATION OF THE LATTER’S RIGHT OF POSSESSION;
(3) THEREAFTER, THE DEFENDANT REMAINED IN POSSESSION AND DEPRIVED THE PLAINTIFF OF THE ENJOYMENT OF THE PROPERTY; AND
( 4) THE PLAINTIFF INSTITUTED THE COMPLAINT FOR EJECTMENT WITHIN ONE (1) YEAR FROM THE LAST DEMAND TO VACATE THE PROPERTY.
WHAT ARE THE FACTS TO BE STATED IN A CASE FOR FORCIBLE ENTRY?
THE COMPLAINT MUST STATE THE FOLLOWING:
(1) THE PLAINTIFF MUST ALLEGE PRIOR PHYSICAL POSSESSION OF THE PROPERTY;
(2) THE PLAINTIFF WAS DEPRIVED OF POSSESSION BY FORCE, INTIMIDATION, THREAT, STRATEGY OR STEALTH; AND
(3) THE ACTION MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE OF ACTUAL ENTRY ON THE LAND, EXCEPT THAT WHEN THE ENTRY IS THROUGH STEALTH, THE ONE (1 )-YEAR PERIOD IS COUNTED FROM THE TIME THE PLAINTIFF-OWNER OR LEGAL POSSESSOR LEARNED OF THE DEPRIVATION OF THE PHYSICAL POSSESSION OF THE PROPERTY.
IT IS NOT NECESSARY, HOWEVER, FOR THE COMPLAINT TO EXPRESSLY USE THE EXACT LANGUAGE OF THE LAW. FOR AS LONG AS IT IS SHOWN THAT THE DISPOSSESSION TOOK PLACE UNDER SAID CONDITIONS, IT IS CONSIDERED AS SUFFICIENT COMPLIANCE WITH THE REQUIREMENTS.
THE PETITIONER CLAIMS THAT THEIR CASE WAS NOT FORCIBLE ENTRY BECAUSE THEY TOLERATED THE OCCUPATION OF THE PROPERTY BY SPOUSES PUNZALAN. IT WAS ONLY AFTER THEY DEMANDED THAT THEY LEAVE BUT THEY REFUSED TO LEAVE THAT SPOUSES PUNZALAN COMMITTED UNLAWFUL DETAINER. IS THIS CLAIM CORRECT?
NO.
WHEN SPOUSES PUNZALAN CONSTRUCTED THEIR DWELLING HOUSE ON SUBJECT LOT WITHOUT PETITIONER’S KNOWLEDGE THEIR ACT FALLS UNDER STEALTH WHICH IS DEFINED AS ANY SECRET, SLY OR CLANDESTINE ACT TO AVOID DISCOVERY AND TO GAIN ENTRANCE INTO, OR TO REMAIN WITHIN RESIDENCE OF ANOTHER WITHOUT PERMISSION.
PETITIONER’S TOLERANCE CAME LATER, NOT FROM INCEPTION AS REQUIRED BY THE RULES.
IS THERE A SIMILAR CASE APPLICABLE TO THIS CASE?
YES. ZACARIAS V. ANACAY (G.R. NO. 202354, SEPTEMBER 24, 2014, 736 SCRA 508, 521)
IN SAID CASE THE PETITIONER ARGUED THAT UNLAWFUL DETAINER WAS THE PROPER REMEDY, CONSIDERING THAT SHE MERELY TOLERATED RESPONDENTS’ STAY IN THE PREMISES AFTER DEMAND TO VACATE WAS MADE UPON THEM. THEY HAD, IN FACT, ENTERDD ·INTO AN AGREEMENT .AND SHE WAS ONLY FORCED TO TAKE LEGAL ACTION WHEN RESPONDENTS RENEGED ON THEIR PROMISE TO VACATE THE PROPERTY AFTER THE LAPSE OF THE PERIOD AGREED UPON. THE COURT HELD THAT THE. MCTC CLEARLY HAD NO JURISDICTION OVER THE CASE AS THE COMPLAINT DID NOT SATISFY THE JURISDICTIONAL REQUIREMENT OF A VALID CAUSE FOR UNLAWFUL DETAINER.
WHAT IS THE FUNDAMENTAL DIFFERENCE BETWEEN FORCIBLE ENTRY AND UNLAWFUL DETAINER?
THE NATURE OF THE DEFENDANT’S ENTRY INTO OR INITIAL POSSESSION OF THE PROPERTY.
IN FORCIBLE ENTRY, DEFENDANT’S POSSESSION IS ILLEGAL AT THE START.
IN UNLAWFUL DETAINER, DEFENDANT’S POSSESSION IS LEGAL BUT BECAME ILLEGAL DUE TO THE EXPIRATION OR T”ERMINATION OF THE RIGHT TO POSSESS.
WHEN SHOULD THE ONE YEAR PERIOD STARTS IN FORCIBLE ENTRY?
FROM DATE OF ENTRY. IN CASE ENTRY WAS BY STEALTH, FROM DATE OF DISCOVERY. BECAUSE FORCIBLE ENTRY IS AN OPEN CHALLENGE TO THE RIGHT OF THE POSSESSOR. VIOLATION OF THAT RIGHT AUTHORIZES A SPEEDY REDRESS.
WHAT IS THE REMEDY OF THE PETITIONER?
HE MAY FILE AN ACCION PUBLICIANA OR ACCION REIVINDICATORIA WITH THE PROPER RTC.
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