Title
Barcelo vs. Riparip
Case
G.R. No. 250159
Decision Date
Apr 26, 2021
Petitioners, heirs of Adolfo Barcelo, sued respondents for forcible entry after illegal encroachment on their titled land. SC ruled in favor, upholding petitioners' Torrens title and prior possession, ordering respondents to vacate.

Case Summary (G.R. No. 250159)

Applicable Law

The decision is based on provisions from the 1987 Philippine Constitution and relevant laws concerning property ownership and ejectment as codified in the Rules of Court, particularly Rule 70 on Ejectment.

Background of the Case

Adolfo Barcelo was the registered owner of a 36,435 square meter parcel of land, which he actively cultivated. After his death on October 5, 2004, his family, the petitioners, inherited the property. In 2006, they discovered that respondent Dominador Riparip had encroached upon their land by approximately one hectare without permission. Despite attempts to resolve the issue at the barangay level, no agreement was reached, leading petitioners to file a complaint for ejectment against the respondents.

Initial Proceedings

Respondents contested the complaint by claiming that their grandfather, Marcelino Riparip, had initially possessed the land and that petitioners' title was acquired through fraudulent means. They also argued that the petitioners' cause of action had prescribed since more than one year had elapsed since the initial demand to vacate. The Municipal Trial Court (MTC) ruled in favor of the petitioners on August 19, 2015, establishing their superior right to the property based on the Torrens title and determining that respondents' claim was a collateral attack on the title.

Ruling of the Regional Trial Court

Respondents appealed to the Regional Trial Court (RTC), which affirmed the MTC's decision on January 3, 2017. The RTC characterized the case as one of forcible entry rather than unlawful detainer, indicating that the petitioners were deprived of possession due to stealth.

Court of Appeals Decision

The Court of Appeals (CA) reversed the lower court's decision on February 20, 2019, classifying the case as unlawful detainer based on a supposed tolerance of respondents' possession. The CA argued that since respondents' entry was clandestine, it should be classified as possession by stealth, thereby necessitating an action for forcible entry instead.

Arguments of the Petitioners

In their Petition for Review, petitioners contested the CA's findings, asserting that the CA erred in classifying their complaint and arguing that the actions taken by respondents constituted forcible entry, as they were predicated on a stealthy illegal occupation of the land. They highlighted that the RTC had already determined the appropriate classification of the case and maintained that their Torrens title should prevail without collateral attack.

Arguments of the Respondents

Respondents contended that the CA had the right to address the nature of the action despite it not being raised in their pleadings. They emphasized that the admissions made by petitioners demonstrated that the initial entry was executed illegally.

Supreme Court's Ruling

The Supreme Court reinstated the RTC's decision on the grounds that the nature of the action is indeed a forcible entry case. The Court elucidated that the determination of whether a case constitutes forcible entry or unlawful detainer is driven by whe

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