The spouses Juan owned a parcel of land in Tagaytay City that was recently occupied by several informal settler families without their permission. As their counsel, I would file a special civil action for forcible entry in the proper Municipal Trial Court to recover possession of the property. This is a summary proceeding that seeks to restore possession illegally withheld from the rightful owner. I would first try to settle the matter through mediation before the local government. Failing that, I would obtain a certificate to file and submit a complaint in MTC Tagaytay alleging the spouses Juan had prior possession and were dispossessed through force, within one year as required.
The spouses Juan owned a parcel of land in Tagaytay City that was recently occupied by several informal settler families without their permission. As their counsel, I would file a special civil action for forcible entry in the proper Municipal Trial Court to recover possession of the property. This is a summary proceeding that seeks to restore possession illegally withheld from the rightful owner. I would first try to settle the matter through mediation before the local government. Failing that, I would obtain a certificate to file and submit a complaint in MTC Tagaytay alleging the spouses Juan had prior possession and were dispossessed through force, within one year as required.
The spouses Juan owned a parcel of land in Tagaytay City that was recently occupied by several informal settler families without their permission. As their counsel, I would file a special civil action for forcible entry in the proper Municipal Trial Court to recover possession of the property. This is a summary proceeding that seeks to restore possession illegally withheld from the rightful owner. I would first try to settle the matter through mediation before the local government. Failing that, I would obtain a certificate to file and submit a complaint in MTC Tagaytay alleging the spouses Juan had prior possession and were dispossessed through force, within one year as required.
The spouses Juan owned a parcel of land in Tagaytay City that was recently occupied by several informal settler families without their permission. As their counsel, I would file a special civil action for forcible entry in the proper Municipal Trial Court to recover possession of the property. This is a summary proceeding that seeks to restore possession illegally withheld from the rightful owner. I would first try to settle the matter through mediation before the local government. Failing that, I would obtain a certificate to file and submit a complaint in MTC Tagaytay alleging the spouses Juan had prior possession and were dispossessed through force, within one year as required.
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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.
