Case Digest (G.R. No. 224906)
Facts:
Emma Buenviaje Nabo and All Persons Claiming Rights Under Her v. Felix C. Buenviaje, G.R. No. 224906, October 07, 2020, Supreme Court Second Division, Inting, J., writing for the Court. Petitioner is Emma Buenviaje Nabo; respondent is Felix C. Buenviaje. The dispute arose from respondent’s Complaint for Ejectment with Damages against petitioner and all persons claiming under her.Respondent alleged he is the registered owner of the subject parcel covered by Original Certificate of Title No. 0-1777 issued August 28, 2008 pursuant to an MTC decision dated February 7, 2003 (LRC Case No. 070-2000). He alleged that, since issuance of the title, he tolerated petitioner’s stay as she is his niece, but withdrew permission by a July 18, 2012 demand letter (certified received October 1, 2012), gave 15 days to vacate, and that petitioner refused to surrender possession; respondent sought possession, P4,000/month from demand until surrender, and P20,000 attorney’s fees. He pursued barangay conciliation which failed and obtained a Barangay Certificate to File Action.
Petitioner answered that she and her family had been in continuous possession since at least 1950 and that she acquired the lot by Deed of Absolute Sale on May 12, 1983; tax declarations in her and her spouse’s names (oldest registered June 14, 1983) and real property tax receipts show continuous possession and taxation. She recounted prior attempts by respondent to consolidate or simulate a sale, her appearance in the MTC registration proceedings in 2001 to oppose registration, and her receipt of the July 18, 2012 demand and her reply denying its legal basis.
The Municipal Trial Court (MTC), San Mateo, Rizal dismissed respondent’s complaint by Decision dated October 4, 2013. Branch 77, Regional Trial Court (RTC), San Mateo, Rizal reversed and set aside the MTC Decision in a July 10, 2014 judgment ordering defendants to vacate, pay P4,000/month from demand and P20,000 attorney’s fees. The Court of Appeals (CA), in CA-G.R. SP No. 136811, affirmed the RTC by Decision dated March 30, 2015 (penned by Justice Danton Q. Bueser, with Justices Apolinario D. Bruselas, Jr. and Agnes Reyes Carpio concurring). Petitioner filed a Rule 45 Petition for Review on Certiorar...(Subscriber-Only)
Issues:
- Whether respondent’s certificate of title entitles him to outright possession of the subject property under Rule 70 of the Rules of Court without proving by preponderance of evidence the acts of tolerance and other jurisdictional facts required in an unlawful...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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