Dear PAO,
My brother and his family used to live in a small residential lot
which is subject of a land dispute. Although my brother admits that he
has no legal title on the subject land, he has been living in that place
for more than a decade now. No case was filed yet nor a court order was
issued regarding this dispute but the other party already forced my
brother and his family out of their residence through threats and
physical force with the assistance of some armed men. Since then, they
have been using my brother’s residence as a warehouse.
What case should my brother file to get back his house and to
complain the persons who threatened and removed him from his residence?
Can he legally complain even without having a land title on his occupied
land? We hope for your legal advice on this matter. Thank you and more
power!
Bill
Dear Bill,
Based from your narration of your brother’s situation, he may file an
action for forcible entry against the people who removed him and his
family from his residence.
An action for forcible entry is warranted when “…a person is deprived
of the possession of any land or building by force, intimidation,
threat, strategy, or stealth, xxx” (Section 1, Rule 70, Revised Rules of
Court). In your brother’s case, the use of force and threats justifies
the filing of forcible entry. This action may be filed before the proper
Metropolitan Trial Court or Municipal Trial Court, as the case may be,
within one (1) year after the unlawful deprivation of the property for
the purpose of recovering the possession of the property with damages
and costs.
Furthermore, your brother’s lack of land title on the said disputed
lot does not bar him from filing an action for forcible entry because
the main issue in these kinds of action is the mere physical possession
of the property and not the ownership of the said property. This is
because in forcible entry cases, the actual condition of the title to
the property is largely immaterial. What is important is that “…the
party in peaceable and quiet possession shall not be turned out by
strong hand, violence, or terror. A party out of possession must respect
and resort to the law alone to obtain what he claims is his” (Edgardo
L. Paras, Rules of Court Annotated, 1st edition, p. 162, citing Supia
and Batioco vs. Quintero and Ayala, 59 Phil. 312).
Thus, in hearing a forcible entry complaint, the court will generally
not rule on the ownership of the subject property considering that your
brother has no land title on the subject land. The court’s
adjudication, in these cases, is limited to the determination of who
between the opposing parties has the better right to possess the same.
Once your brother has proven his allegations, the court where the
action was filed may restore him as the rightful possessor of the
subject property.
Again, we find it necessary to mention that this opinion is solely
based on the facts you have narrated and our appreciation of the same.
The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
source: Manila Times Column of Atty Persida Acosta
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