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The Manahans filed their answer, averring that the lots belonged to
Heirs of Albina Ampil v. Sps. them, their predecessor-in-interest having been in peaceful and
continuous possession thereof since time immemorial, and that
Manahan Albina was never the owner of the property.
October 11, 2012 The MTC rendered judgment in favor of the Heirs, on the basis of the
Mendoza tax declarations.
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The RTC affirmed.
The CA reversed, ruling that tax declarations and receipts are not
SUMMARY: Exequiel, as representative of the heirs of Albina Ampil filed a
conclusive proof of ownership or right of possession, and only
complaint for ejectment against the Manahans. In the complaint, it was
becomes strong evidence of ownership when accompanied by proof
alleged that Albina was the owner of two lots, as evidenced by tax
of actual possession. The CA denied the Heirs’ motion for
declarations, and that Albina had allowed Perfecto and his family to occupy
reconsideration.
a portion of the properties, on the condition that they would vacate the
same, should the need arise. The Manahans filed their answer, averring
SUBSTANTIVE ISSUE + RATIO: Who has the better right to the physical
that the lots belonged to them, their predecessor-in-interest having been in
possession of the disputed property? THE HEIRS.
peaceful and continuous possession thereof since time immemorial. The
MTC ruled in favor of the Heirs. The RTC affirmed. The CA reversed. The SC
As a rule, petitions for review on certiorari under Rule 45 of the Rules Court
upheld the MTC/ RTC.
are limited only to questions of law and not of fact. The rule, however, admits
of several exceptions. Here, the factual findings of the CA are contrary to
DOCTRINE: In an action for forcible entry and unlawful detainer, any one
those of the MTC and the RTC. Hence, a review of the case is imperative.
of the Art. 487, CC provides that any one of the co-owners may bring an
action for ejectment, without joining the others. The action is not limited to
In an unlawful detainer case, the physical or material possession of the
ejectment cases but includes all kinds of suits for recovery of possession,
property involved, independent of any claim of ownership by any of the
because the suit is presumed to have been instituted for the benefit of all.
parties, is the sole issue for resolution. But where the issue of ownership is
raised, the courts may pass upon said issue in order to determine who has
FACTS:
the right to possess the property. This adjudication, however, is only an
Exequiel Ampil, as representative of the heirs of Albina Ampil filed a
initial determination of ownership for the purpose of settling the issue of
complaint for ejectment against the Manahans (Perfecto, Virginia,
possession, the issue of ownership being inseparably linked thereto. As such,
Teresita, Almario, and Irene). In the complaint, it was alleged that
the lower court’s adjudication of ownership in the ejectment case is merely
Albina was the owner of two adjoining residential lots in Bulacan, as
provisional and would not bar or prejudice an action between the same
evidenced by tax declarations, and that Albina had allowed Perfecto
parties involving title to the property.
and his family to occupy a portion of the properties, on the
condition that they would vacate the same, should the need arise.
In the case at bar, the Court sustains the findings of both the MTC and the
After the death of Albina, Exequiel and the rest of the heirs RTC. The bare allegation of the Manahans, that they had been in peaceful and
requested Perfecto and family to vacate the property, but the latter continuous possession of the lot in question because their predecessor-in-
refused. interest had been in possession thereof in the concept of an owner from time
The matter was brought to the Lupong Tagapamayapa, who issued a immemorial, cannot prevail over the tax declarations and other
Certification to File an Action for failure of the parties to amicably documentary evidence presented by petitioners. In the absence of any
settle their dispute. supporting evidence, that of the Heirs deserves more probative value.
The Heirs sent a demand letter to the Manahans to surrender
possession of the lands, but to no avail. So, the Heirs filed a A perusal of the records shows that Manahans’ occupation of the lot in
complaint for ejectment before the MTC. question was by mere tolerance. To prove ownership over the property, the
CIVIL PROCEDURE | B2015
CASES
Well established is the rule that ownership over the land cannot be acquired
by mere occupation. While it is true that tax declarations are not conclusive
evidence of ownership, they, nevertheless, constitute at least proof that the
holder has a claim of title over the property. It strengthens one's bona fide
claim of acquisition of ownership.