Case Digest (G.R. No. 224906)
Facts:
In Emma Buenviaje Nabo and All Persons Claiming Rights Under Her v. Felix C. Buenviaje (G.R. No. 224906, October 7, 2020), respondent Felix C. Buenviaje filed a Complaint for Ejectment with Damages against his niece, petitioner Emma Buenviaje Nabo. Respondent held Original Certificate of Title No. O-1777 over a parcel in San Mateo, Rizal, issued August 28, 2008 pursuant to a 2003 decision of the Municipal Trial Court (MTC). He alleged that he had merely tolerated petitioner’s occupancy and, after withdrawing such tolerance in July 2012 and serving a 15-day demand to vacate, she refused to surrender the property. Respondent sought possession, P4,000.00 monthly damages from demand, and P20,000.00 attorney’s fees. Petitioner answered that she had continuously possessed the lot since childhood, formally acquired it via a 1983 Deed of Absolute Sale from her father (evidenced by Tax Declaration No. SM-007-0183), paid taxes since 1989, and made improvements. She showed barangay certifiCase Digest (G.R. No. 224906)
Facts:
- Parties and Property
- Felix C. Buenviaje (respondent) holds Original Certificate of Title (OCT) No. 0-1777 issued August 28, 2008 by the Register of Deeds of Rizal, pursuant to the MTC decision of February 7, 2003.
- Emma Buenviaje Nabo (petitioner) claims she and her spouse acquired the same parcel by Deed of Absolute Sale on May 12, 1983 from her father, and have been in open, continuous possession since then, paying real property taxes under successive tax declarations.
- Procedural History
- July 2012: Respondent withdrew his informal tolerance, sent a 15-day demand to vacate; petitioner refused. Barangay conciliation failed; respondent obtained a Barangay Certificate to File Action.
- October 2012: Respondent filed ejectment with damages (SCA No. 106-2012) in MTC San Mateo, Rizal, praying for recovery of possession, P4,000/month rentals from demand, and P20,000 attorney’s fees.
- October 4, 2013: MTC dismissed the complaint for failure to prove unlawful detainer elements.
- July 10, 2014: RTC Branch 77 reversed MTC, ordering ejectment, rentals and attorney’s fees.
- March 30, 2015: CA (Second Division) affirmed the RTC, giving respondent summary recovery based on his Torrens title.
- Petitioner filed a Rule 45 petition for certiorari in the Supreme Court, assailing the CA decision for neglecting the need to prove tolerance in unlawful detainer.
Issues:
- Main Issue
- Whether respondent’s Torrens certificate of title alone entitles him to summary recovery of possession under Rule 70 (unlawful detainer) without proving the initial tolerance or contract element by preponderance of evidence.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)