Case Digest (G.R. No. 50264)
Facts:
In Ignacio Wong v. Hon. Lucas D. Carpio and Manuel Mercado (G.R. No. L-50264, October 21, 1991), petitioner Ignacio Wong bought Lot 3 (LRC) Pcs-295 in Colonga, Sta. Maria, Davao del Sur from William Giger in July 1976 and obtained Transfer Certificate of Title No. T-974. Earlier, in 1972 and again in 1973, private respondent Manuel Mercado had acquired the same parcel from Giger under two successive pacto de retro sales and had exercised material possession by harvesting coconuts, paying taxes, clearing portions of the land and placing signboards, though he did not reside there. Mercado filed a forcible entry complaint in the Municipal Court of Sta. Maria (Civil Case No. 13), which on February 20, 1978 dismissed both the complaint and Wong’s counterclaim, finding Wong in prior, actual and continuous possession. On appeal, the Court of First Instance of Davao del Sur, Branch V reversed on September 29, 1978, holding Wong an intruder, ordering him to return possession to Mercado aCase Digest (G.R. No. 50264)
Facts:
- Parties and Titles
- Plaintiff Manuel Mercado acquired Lot 3 (LRC) Pcs-295 by deed of sale with right of repurchase from William Giger in 1972 (Consideration: P3,500) and executed a pacto de retro sale in 1973 (Exhibit A).
- Mercado harvested coconuts, paid realty taxes (Exhibits B–E), but never resided on the land or visibly occupied it.
- Acquisition and Possession by Ignacio Wong
- In July 1976, Ignacio Wong purchased the same parcel from Giger and Cecilia Valenzuela (Exhibit 5), obtained TCT No. T-974 in his name, declared it for taxation (Exhibit 7), and attempted to register the pacto de retro sale (Exhibit 8) but failed.
- Wong placed laborers on the land, erected a farmhouse, fenced boundaries, and posted signboards (T.S.N., Sept. 15, 1977).
- Dispute and Procedural History
- September–November 1976: Mercado’s attempts to harvest coconuts brought the dispute to police attention; on November 18, Wong removed coconuts without interference.
- November 29, 1976: Mercado filed a forcible entry complaint against Wong (Municipal Court Civil Case No. 13).
- February 20, 1978: Municipal Court dismissed complaint and counterclaim, finding Wong had prior, actual, continuous possession.
- September 29, 1978: Court of First Instance reversed, declaring Wong an intruder, ordering return of possession and P400/month rent from August 1976, with costs.
- March 1, 1979: Court of Appeals certified the pure question of law to the Supreme Court.
Issues:
- Whether the trial court’s finding that Wong was an intruder lacks factual and legal basis under forcible entry.
- Whether the imposition of monthly rental of P400 from August 1976 has any legal or factual support.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)