Forcible Entry; Remedies (2013)

QUESTION:
The spouses Juan reside in Quezon City. With their lottery
winnings, they purchased a parcel of land in Tagaytay City for
P100,000.00. In a recent trip to their Tagaytay property, they
were surprised to see hastily assembled shelters of light materials
occupied by several families of informal settlers who were not
there when they last visited the property three (3) months ago.

To rid the spouses’ Tagaytay property of these informal settlers,

briefly discuss the legal remedy you, as their counsel, would use;
the steps you would take; the court where you would file your
remedy if the need arises; and the reason/s for your actions. (7%)

SUGGESTED ANSWER:
As counsel for spouses Juan, I will file a special civil action
for Forcible Entry. The Rules of Court provide that a person
deprived of the possession of any land or building by force,
intimidation, threat, strategy, or stealth may at any time within
1 year after such withholding of possession bring an action in the
proper Municipal Trial Court where the property is located. This
action which is summary in nature seeks to recover the possession
of the property from the defendant which was illegally withheld by
the latter (Section 1, Rule 70, Rules of Court).

An ejectment case is designed to restore, through summary

proceedings, the physical possession of any land or building to
one who has been illegally deprived of such possession, without
prejudice to the settlement of parties‟ opposing claims of
juridical possession in an appropriate proceeding (Heirs of
Agapatio T. Olarte and Angela A. Olarte et. al. vs. Office of the
President of the Philippines et al., G.R. No. 177995, June 15,
2011, Villarama, Jr., J.).

In Abad vs. Farrales, G.R. No. 178635, April 11, 2011, the Supreme
Court held that two allegations are indispensable in actions for
forcible entry to enable first level courts to acquire jurisdiction
over them: first, that the plaintiff had prior physical possession
of the property; and, second, that the defendant deprived him of
such possession by means of force, intimidation, threats,
strategy, or stealth.
However, before instituting the said action, I will first endeavor
to amicably settle the controversy with the informal settlers
before the appropriate Lupon or Barangay Chairman. If there is no
agreement reached after mediation and conciliation under the
Katarungang Pambarangay Law, I will secure a certificate to file
action and file the complaint for ejectment before the MTC of
Tagaytay City where the property is located since ejectment suit
is a real action regardless of the value of the property to be
recovered or claim for unpaid rentals (BP 129 and RULE 4, Section
1 of the Revised Rules on Civil Procedure).

In the aforementioned complaint, I will allege that Spouses Juan

had prior physical possession and that the dispossession was due
to force, intimidation and stealth. The complaint will likewise
show that the action was commenced within a period of one (10 year
from unlawful deprivation of possession, and that the Spouses Juan
is entitled to restitution of possession together with damage
costs.