Case Summary (G.R. No. 82680)
Respondents' Entry and Trial Court Findings
In June 1983, Purisima entered the land and erected a house; Ayco transferred his hut in October 1977. Somodio sued Ayco for unlawful detainer and Purisima for forcible entry; the Municipal Trial Court found Somodio the prior possessor, ordered respondents to vacate, and awarded attorney’s fees. The Regional Trial Court affirmed.
Court of Appeals Decision and Petition
The Court of Appeals set aside the trial courts’ rulings in September 1987, holding that Somodio had not “clearly and conclusively established physical, prior possession” of Lot 6328-X. Somodio’s motion for reconsideration was denied, prompting his Rule 45 petition.
Scope of Review and Factual Findings
This Court may re-examine conflicting appellate and trial court findings. Given the divergence between the trial courts (finding prior possession) and the Court of Appeals (finding insufficiency of proof), the Supreme Court undertook an independent review of the record.
Legal Standard on Prior Possession
In ejectment and forcible entry cases, the sole issue is the right to physical possession. A party with de facto prior possession is entitled to maintain it until lawfully ejected, regardless of ownership claims (Art. 531, Civil Code). Possession requires material occupation or subjecting the thing to one’s will.
Application of Possession Principles
Somodio’s planting of trees in 1974 and initiation of construction in 1976 constituted possession despite intermittent absence. Even if improvements began in 1981, they predated Purisima’s entry in 1983. Purisima’s claimed right derived from his father’s survey for a corporate client, not from personal possession or application for Lot 6328-X.
Lot Identification and Ocular Inspections
Purisima claimed Lot 6328-Y in his pleadings, while Somodio identified Lot 6328-X as the area of occupation. A geodetic engineer’s ocular inspection and the Municipal Trial Court’s site visit confirmed that resp
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Facts
- On October 21, 1974, Jose Ortigas executed a Transfer of Rights conveying possession of a residential lot in Rajah Muda, Bula, General Santos City to Wilfredo Mabugat.
- Petitioner Nicanor Somodio contributed one-half of the purchase price; Mabugat on October 22, 1974 executed an Affidavit of Trust recognizing Somodio’s undivided one-half interest.
- The lot was later identified as Lot No. 6328-X, Csd 2281-D in the District Land Office.
- Petitioner and Mabugat partitioned the property: Somodio took the western portion, immediately took possession, and planted ipil-ipil, coconut, and fruit trees.
- In 1976, petitioner commenced construction of a 22×18-foot structure, left it unfinished under his uncle’s care, and thereafter visited the property intermittently.
- In October 1977, Felomino Ayco transferred his hut onto petitioner’s lot. Petitioner later demanded Ayco’s removal but to no avail.
Procedural History
- August 23, 1983: Somodio filed an unlawful detainer suit with damages against Ayco (MTC Civil Case No. 2032-II).
- June 26, 1983: Ebenecer Purisima entered the same lot and built a house; four days later petitioner filed a forcible entry suit against Purisima (MTC Civil Case No. 2013-I).
- The two cases were consolidated. In his answer Purisima claimed the lot as part of his pending patent application (Lot No. 6328-Y, CSD-2281-D). Ayco relied on Purisima’s claim and presented no independent evidence.
- April 30, 1986: The Municipal Trial Court found that both respondents built “through stealth” on Lot No. 6328-X, recognized