Case Digest (G.R. No. 132864)
Facts:
In Philippine Long Distance Telephone Company v. Citi Appliance M.C. Corporation (G.R. No. 214546, October 9, 2019), PLDT challenged the Court of Appeals’ affirmance of lower‐court orders directing it to realign its underground telephone lines and pay monthly rent to Citi Appliance. Citi Appliance acquired a titled lot in Cebu City in 1992 and discovered in 2003, during excavation for a one‐level parking facility, that PLDT’s manholes, cables, and lines installed in 1983 were clandestinely encroaching on its land, preventing construction. After the Cebu City Zoning Board denied its application to waive the parking requirement, Citi Appliance demanded in April and May 2004 that PLDT either remove the facilities or pay the exemption fee; suit was filed on October 1, 2004 for forcible entry. PLDT contested jurisdiction on prescription grounds, insisted the prescriptive period for forcible entry by stealth runs from discovery, not demand, and claimed rights over sidewalk/public domaCase Digest (G.R. No. 132864)
Facts:
- Parties and Property
- Citi Appliance M.C. Corporation (Citi) owns Lot No. 806-I in Cebu City since 1992.
- In 2003, Citi planned a 16-storey building and needed to excavate for its parking foundation.
- During excavation, Citi discovered underground telephone lines, cables, and manholes installed by Philippine Long Distance Telephone Company (PLDT) in 1983, encroaching on its property.
- Procedural History
- April–May 2004: Citi demanded PLDT to realign or pay a P3,753,600 parking exemption fee; PLDT refused.
- October 1, 2004: Citi filed a forcible entry (ejectment) suit against PLDT in MTC-Cities, Branch 1, Cebu City.
- PLDT’s defenses: no encroachment (lines under public sidewalk), sidewalk in public domain, right of eminent domain, suit prescribed.
- MTCC Decision (Dec. 6, 2010): Granted ejectment; ordered realignment or rent at P15,000/month.
- RTC Resolution (May 13, 2011): Affirmed with modification; same relief.
- CA Decision (Jan. 14, 2014) and Resolution (Jul. 21, 2014): Affirmed RTC; added restitution and arrear rent from May 28, 2004.
- PLDT’s Petition for Review on Certiorari to the Supreme Court.
Issues:
- Jurisdiction
- Whether PLDT waived or may challenge subject-matter jurisdiction of the MTC.
- Whether the MTC had jurisdiction given prescription.
- Substance
- Whether Citi alleged and proved prior physical possession (essential in forcible entry).
- Whether the one-year prescriptive period for forcible entry by stealth runs from discovery or from demand.
- Whether PLDT may assert (a) right of eminent domain, and (b) status as builder in good faith.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)