Title
Dela Cruz vs. Court of Appeals
Case
G.R. No. 139442
Decision Date
Dec 6, 2006
Long-term tenant refuses to vacate after property sale; SC upholds ejectment, ruling possession by tolerance became unlawful post-demand.

Case Summary (G.R. No. 203160)

Procedural Posture

  • Barangay conciliation preceded suit; a certificate to file action was issued to respondent.
  • Manila Metropolitan Trial Court (MeTC), Branch 20: plaintiff (respondent Tan Te) won; MeTC ordered petitioner to vacate, awarded monthly sums for occupancy and attorney’s fees.
  • Manila Regional Trial Court (RTC), Branch 35: on appeal, the RTC reversed the MeTC, dismissed the complaint for lack of jurisdiction (concluding an accion publiciana was proper because more than one year had elapsed), and dismissed respondent’s complaint.
  • Court of Appeals (CA): reversed the RTC, reinstated the MeTC judgment.
  • Supreme Court: denied petitioner’s petition for review and affirmed the CA decision in toto.

Essential Facts

  • Petitioner had been a rent‑paying occupant for over forty years under predecessors (the Reyes family).
  • A fire in late 1989 destroyed petitioner’s dwelling; petitioner and other tenants rebuilt and reoccupied the lot thereafter. The Reyes family made verbal demands and later served written demand(s) (notably February 21, 1994). The Reyes did not initiate court proceedings.
  • The Reyes sold the lot to respondent on November 26, 1996; respondent made written demand to vacate on January 14, 1997. After failed settlement attempts and barangay conciliation, respondent filed an ejectment action in the MeTC on September 8, 1997.
  • Petitioner’s answer alleged, among other defenses, tenancy protected by P.D. 20, the lease as a legal encumbrance binding successors‑in‑interest, and that the MeTC lacked jurisdiction because forcible entry had occurred more than one year earlier.

Issues Presented by Petitioner

  1. Whether the Court of Appeals exceeded the issues of the case and departed from the trial court’s scope.
  2. Whether the Court of Appeals erred in reversing the RTC and reinstating the MeTC decision, contending the MeTC decision was contradicted by the evidence.

Legal Framework on Jurisdiction (as applied)

  • B.P. Blg. 129, Section 33: metropolitan/municipal trial courts have exclusive original jurisdiction over forcible entry and unlawful detainer cases (ejectment in summary form), subject to the proviso about ownership issues.
  • B.P. Blg. 129, Section 19: RTCs have exclusive original jurisdiction in civil actions involving title to or possession of real property (except forcible entry and unlawful detainer). Actions properly cognizable by RTC include accion publiciana (plenary recovery of possession after prolonged dispossession) and accion reivindicatoria (recovery of ownership).
  • Rule 70 (1997 Rules): distinguishes forcible entry (detentacion) — requires prior physical possession, deprivation by force/intimidation/strategy/stealth, and filing within one year from discovery — from unlawful detainer (desahucio) — requires contractual tenancy, termination/expiration of the right to possess, demand, and filing within one year from last demand.
  • Rule 45: limits Supreme Court review of findings of fact by the CA, but exceptions exist where factual findings of the CA and RTC conflict or where the CA purportedly went beyond the issues.

Court’s Approach to the Jurisdictional Conflict

  • The central threshold question was whether the MeTC (summary ejectment) or the RTC (plenary action) had jurisdiction. Normally, the nature of the action is determined by the allegations in the complaint; defenses in the answer are ordinarily immaterial to that determination.
  • The complaint contained mixed and somewhat vague allegations: it alleged prior possession by the Reyes, an alleged surreptitious intrusion by petitioner (suggesting forcible entry), but also alleged multiple written demands and continued refusal to vacate (suggesting unlawful detainer).
  • The RTC characterized the matter as an accion publiciana because the Reyes allegedly learned of the intrusion as early as February 21, 1994 and no ejectment suit was filed within one year; the RTC thus held the MeTC lacked jurisdiction.
  • The Supreme Court, however, applied the recognized exception to the general rule, treating judicial admissions in petitioner’s answer (admitting long‑standing tenancy) and the totality of circumstances (including petitioner’s status as a long‑time lessee and the written demand of January 14, 1997) as material to determining the nature of the action.

Rationale for Treating the Action as Unlawful Detainer

  • Petitioner’s admission that she was a rent‑paying lessee of the Reyes for decades was a judicial admission and relevant to the jurisdictional analysis. That admission tended to establish an original legal possession as lessee and thus supported characterization as unlawful detainer rather than forcible entry.
  • The doctrine of “possession by tolerance” was applied: after the fire the lessor(s) considered leases terminated, but the lessor(s) tolerated petitioner’s continued occupancy for a period, creating a possessory status analogous to a tenant who must vacate upon demand. Jurisprudence cited in the decision (e.g., Lucido, Racaza, Calubayan) recognizes that where the owner tolerates continued occupancy, the one‑year period for detainer runs from the last demand to vacate.
  • Because respondent’s final written demand was on January 14, 1997 and the MeTC complaint was filed September 8, 1997, the action was within the one‑year prescriptive period for an unlawful detainer suit. Consequently, the MeTC properly exercised jurisdiction.

Consideration of Procedural Fairness and Rule Relaxation

  • The Court emphasized liberal construction of procedural rules to promote just, speedy, and inexpensive disposition (citing the power to relax rules and related precedents). Given the nine years of litigation, the Court preferred to avoid technical dismissals that would restart proceedings.
  • The Court found special or compelling reasons to construe the complaint as an unlawful detainer action and to uphold the MeTC’s jurisdiction despite imprecise pleading by counsel for respondent and the mixed allegations.

Merits: Possession and Right to Eject

  • The Court analyzed possession de facto: petitioner’s possession began as legal (as tenant)
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