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Manlapaz Vs CA

The municipal court correctly assumed jurisdiction over the ejectment case filed by the respondents against the petitioners seeking possession of certain lots. While a separate civil case regarding ownership of the lots was pending, the municipal court had jurisdiction to determine rightful possession in the meantime. The pendency of the civil case did not prevent the municipal court from hearing the ejectment case regarding possession. The municipal court determined that the respondents sufficiently alleged that petitioners forcibly ousted them from possession of the lots and that respondents were entitled to recover possession while the question of ultimate ownership was decided in the separate civil case.

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203 views2 pages

Manlapaz Vs CA

The municipal court correctly assumed jurisdiction over the ejectment case filed by the respondents against the petitioners seeking possession of certain lots. While a separate civil case regarding ownership of the lots was pending, the municipal court had jurisdiction to determine rightful possession in the meantime. The pendency of the civil case did not prevent the municipal court from hearing the ejectment case regarding possession. The municipal court determined that the respondents sufficiently alleged that petitioners forcibly ousted them from possession of the lots and that respondents were entitled to recover possession while the question of ultimate ownership was decided in the separate civil case.

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Patrick James Tan
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ManlapazvsCA

Facts:
TherespondentsinthiscasefiledfiledanejectmentcasewiththeMTCagainstthepetitioners.
Theyallegedthatthepetitioners,thruforce,intimidationandthreatsandwiththeuseofguns,forciblyousted
therespondentsfromthesubjectlots,whichtheyhadbeenoccupyingandcultivatingpeacefully,notoriously
andcontinuallyformorethan10years.
Thepetitionersresistedtheejectmentcasefiledbytherespondentsduetothependencyofacivilcase
regardingtheownershipofthelots.
Thereafter, the parties entered into a stipulation of facts wherein they agreed that:

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1. The lots under litigation are Lots 32, 36, 37, 38, 39, 40 and 41 of Block 21 of the Bahay Pare Estate,
Candaba, Pampanga;
2. The said lots belong to the Land Authority;
3. Both parties had filed their respective applications to purchase said lots from the Government;
4. On May 20, 1968, the Land Authority rendered its decision dismissing the applications of petitioners;
5. On appeal to the Office of the President, the decision of the Land Authority was reversed and the awards
in favor of private respondents were cancelled;
6. Private respondents seasonably petitioned for judicial review and for annulment of said decision of the
Office of the President before the Court of First Instance of Manila, docketed as Civil Case No. 79371;
7. During the pendency of Civil Case No. 79371, the Land Authority issued Orders of Award to petitioners on
September 21, 1970;
8. The ejectment case was filed by private respondents during the pendency of said Civil Case No.
79371 of the Court of First Instance of Manila;
9. Private respondents have been regularly harvesting an average one hundred (100) cavans per
hectare from the land in dispute; and
10. On September 1, 1971, private respondents discovered petitioners intrusion over subject
property; 2

Issue:
WhetherornottheMTChadjurisdictionoverthecasependingacivilcasequestioningtheownershipofthe
subjectlots.
Held:
Itisafirmlysettledrulethatamunicipalcourthasjurisdictionoverforcibleentryorunlawfuldetainercases
eveniftheownershipofthepropertyisindisputed.
Inanactionforforcibleentryanddetainer,themainissueisoneofpriorityofpossession.Thelegalright
theretoisnotessentialtothepossessor'scauseofaction,fornoonemaytakelawintohisownhandsand

forciblyejectanotherordeprivehimofhispossessionbystealth,evenifhistitletheretowerequestionableor
actuallydisputedinanothercase.
Iftheplaintiffcanprovepriorphysicalpossessioninhimself,hemayrecoversuchpossessionevenfromthe
owner,butontheotherhand,ifhecannotprovesuchpriorphysicalpossession,hehasnorightofactionfor
forcibleentryanddetainerevenifheshouldbetheowneroftheproperty.
It is, therefore, clear that the municipal court correctly assumed jurisdiction over the case below
as the complaint filed before it sufficiently avers that private respondents seek to recover
possession of the lots from petitioners. The pendency of Civil Case No. 79371, wherein the
question of ownership was raised, is of no moment. Pending final adjudication of ownership, the
municipal court has jurisdiction to determine in the meantime the right of possession over the
land. 26

Itwasclearthatthemunicipalcourtcorrectlyassumedjurisdictionoverthecaseasthecomplaintfiledbefore
itsoughttorecoverpossessionofthelots.Thependencyofthecivilcase,whereinthequestionofownership
wasraised,wasofnomoment.Pendingfinaladjudicationofownership,themunicipalcourthadjurisdictionto
determineinthemeantimetherightofpossessionovertheland.
1.

REMEDIAL LAW; SPECIAL CIVIL ACTIONS; FORCIBLE ENTRY AND UNLAWFUL DETAINER;
JUDGMENT; REQUIREMENT TO STAY IMMEDIATE EXECUTION. Under Section 8, Rule 70 of the
Rules of Court, to stay the immediate execution of judgment in an ejectment proceeding it is
required that the defendant-appellant must (a) perfect his appeal, (b) file a supersedeas bond, and
(c) periodically deposit the rentals falling due during the pendency of the appeal. Failure to comply
with said requirements is a ground for the outright execution of the judgment upon petition of the
prevailing party. (Romero v. Pecson, etc., Et Al., 83 Phil. 308 [1949]; Villaroman v. Abaya, etc., Et
Al., 91 Phil. 20 [1952])
2. ID.; ID.; ID.; SUPERSEDEAS BOND; EFFECT OF FAILURE TO FILE. It has been repeatedly held
that the requirement for the filing of a supersedeas bond is mandatory and cannot be dispensed
with by the courts. When the supersedeas bond is not filed, the duty of the court to order the
execution of the appealed decision is ministerial and imperative and the execution of the judgment
shall then issue immediately, without prejudice to the appeal taking its course. In the instant case,
petitioners failure to file a supersedeas bond necessary to stay execution pending appeal made or
rendered the originaldecision executory and gave private respondents the right to immediate
execution of the judgment which the court is bound to grant and enforce.
Moreover, in the present case the decision is not yet final but became executory by
reason of the very act of herein petitioners in not filing a supersedeas bond necessary to
stay execution pendingappeal as required by Section 8, Rule 70 of the Rules of Court.
Herein petitioners could have prevented the execution of said decision by simply
complying with the rules but they opted not to do so, hence they have only themselves to
blame.
WHEREFORE, the instant petition is hereby DISMISSED and the writs prayed for are
DENIED. The temporary restraining order issued by the Court on May 16, 1975 is hereby
lifted.
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