CASES IN PROPERTY BATCH 2 (FULL TEXT)1) German Management & Services, Inc. vs CA ( GR No. 76216 and 76217)Spouses Cynthia Cuyegkeng Jose and Manuel Rene Jose, residents of Pennsylvania, Philadelphia, USA are the owners of a parcel of land situated in Sitio Inarawan, San Isidro, Antipolo, Rizal, with an area of 232,942 square meters and covered by TCT No. 50023 of the Register of Deeds of the province of Rizal issued on September 11, 1980 which canceled TCT No. 56762/ T-560. The land was originally registered on August 5, 1948 in the Office of the Register of Deeds of Rizal as OCT No. 19, pursuant to a Homestead Patent granted by the President of the Philippines on July 27, 1948, under Act No. 141.On February 26, 1982, the spouses Jose executed a special power of attorney authorizing petitioner German Management Services to develop their property covered by TCT No. 50023 into a residential subdivision. Consequently, petitioner on February 9,1983 obtained Development Permit No. 00424 from the Human Settlements Regulatory Commission for said development. Finding that part of the property was occupied by private respondents and twenty other persons, petitioner advised the occupants to vacate the premises but the latter refused. Nevertheless, petitioner proceeded with the development of the subject property which included the portions occupied and cultivated by private respondents.Private respondents filed an action for forcible entry against petitioner before the Municipal Trial Court of Antipolo, Rizal, alleging that they are mountainside farmers of Sitio Inarawan, San Isidro, Antipolo, Rizal and members of the Concerned Citizens of Farmer's Association; that they have occupied and tilled their farmholdings some twelve to fifteen years prior to the promulgation of P.D. No. 27; that during the first week of August 1983, petitioner, under a permit from the Office of the Provincial Governor of Rizal, was allowed to improve the Barangay Road at Sitio Inarawan, San Isidro, Antipolo, Rizal at its expense, subject to the condition that it shag secure the needed right of way from the owners of the lot to be affected; that on August 15, 1983 and thereafter, petitioner deprived private respondents of their property without due process of law by: (1) forcibly removing and destroying the barbed wire fence enclosing their farmholdings without notice; (2) bulldozing the rice, corn fruit bearing trees and other crops of private respondents by means of force, violence and intimidation, in violation of P.D. 1038 and (3) trespassing, coercing and threatening to harass, remove and eject private respondents from their respective farmholdings in violation of P.D. Nos. 316, 583, 815, and 1028.1On January 7,1985, the Municipal Trial Court dismissed private respondents' complaint for forcible entry.2On appeal, the Regional Trial Court of Antipolo, Rizal, Branch LXXI sustained the dismissal by the Municipal Trial Court.3Private respondents then filed a petition for review with the Court of Appeals. On July 24,1986, said court gave due course to their petition and reversed the decisions of the Municipal Trial Court and the Regional Trial Court.4The Appellate Court held that since private respondents were in actual possession of the property at the time they were forcibly ejected by petitioner, private respondents have a right to commence an action for forcible entry regardless of the legality or illegality of possession.5Petitioner moved to reconsider but the same was denied by the Appellate Court in its resolution dated September 26, 1986.6Hence, this recourse.The issue in this case is whether or not the Court of Appeals denied due process to petitioner when it reversed the decision of the courta quowithout giving petitioner the opportunity to file its answer and whether or not private respondents are entitled to file a forcible entry case against petitioner.7We affirm. The Court of Appeals need not require petitioner to file an answer for due process to exist. The comment filed by petitioner on February 26, 1986 has sufficiently addressed the issues presented in the petition for review filed by private respondents before the Court of Appeals. Having heard both parties, the Appellate Court need not await or require any other additional pleading. Moreover, the fact that petitioner was heard by the Court of Appeals on its motion for reconsideration negates any violation of due process.Notwithstanding petitioner's claim that it was duly authorized by the owners to develop the subject property, private respondents, as actual possessors, can commence a forcible entry case against petitioner because ownership is not in issue. Forcible entry is merely a quieting process and never determines the actual title to an estate. Title is not involved.8In the case at bar, it is undisputed that at the time petitioner entered the property, private respondents were already in possession thereof . There is no evidence that the spouses Jose were ever in possession of the subject property. On the contrary, private respondents' peaceable possession was manifested by the fact that they even planted rice, corn and fruit bearing trees twelve to fifteen years prior to petitioner's act of destroying their crops.Although admittedly petitioner may validly claim ownership based on the muniments of title it presented, such evidence does not responsively address the issue of prior actual possession raised in a forcible entry case. It must be stated that regardless of the actual condition of the title to the property, the party in peaceable quiet possession shall not be turned out by a strong hand, violence or terror.9Thus, a party who can prove prior possession can recover such possession even against the owner himself. Whatever may be the character of his prior possession, if he has in his favor priority in time, he has the security that entitles him to remain on the property until he is lawfully ejected by a person having a better right byaccion publiciana or accion reivindicatoria.10Both the Municipal Trial Court and the Regional Trial Court have rationalized petitioner's drastic action of bulldozing and destroying the crops of private respondents on the basis of the doctrine of self-help enunciated in Article 429 of the New Civil Code.11Such justification is unavailing because the doctrine of self-help can only be exercised at the time of actual or threatened dispossession which is absent in the case at bar. When possession has already been lost, the owner must resort to judicial process for the recovery of property. This is clear from Article 536 of the Civil Code which states, "(I)n no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. He who believes that he has an action or right to deprive another of the holding of a thing, must invoke the aid of the competent court, if the holder should refuse to deliver the thing."WHEREFORE, the Court resolved to DENY the instant petition. The decision of the Court of Appeals dated July 24,1986 is hereby AFFIRMED. Costs against petitioner.SO ORDERED.

2) Caisip VS People of the Philippines (GR NO. L-28716)This case is before Us upon petition of defendants Felix Caisip, Ignacio Rojales and Federico Villadelrey, for review on certiorari of a decision of the Court of Appeals which affirmed that of the Court of First Instance of Batangas, convicting them of the crime of Grave Coercion, with which they are charged, and sentencing each to four (4) months and one (1) day of arresto mayor and to pay a fine of P200.00, with subsidiary imprisonment in case of insolvency, not to exceed one-third of the principal penalty, as well as one-third of the costs.As set forth in the trial court's decision, the background of the present case is this:The complainant Gloria Cabalag is the wife of Marcelino Guevarra who cultivated a parcel of land known as Lot 105-A of Hacienda Palico situated in sitio Bote-bote, barrio Tampisao, Nasugbu, Batangas. The said parcel of land used to be tenanted by the deceased father of the complainant. Hacienda Palico is owned by Roxas y Cia. and administered by Antonio Chuidian. The overseer of the said hacienda is Felix Caisip, one of the accused herein. Even before the occurrence of the incident presently involved, there had been a series of misunderstandings and litigations involving the complainant and her husband, on one hand, and the men of Hacienda Palico on the other.It appears that on December 23, 1957, Marcelino Guevarra filed an action with the Court of Agrarian Relations seeking recognition as a lawful tenant of Roxas y Cia. over lot No. 105-A of Hacienda Palico. In a decision dated February 22, 1958, the Court of Agrarian Relations declared it has no jurisdiction over the case, inasmuch as Guevarra is not a tenant on the said parcel of land. An appeal was taken by Guevarra to the Supreme Court, but the appeal was dismissed in a resolution dated April 10, 1958.On May 17, 1958, Roxas y Cia. filed an action against Marcelino Guevarra in the justice of the peace court of Nasugbu, Batangas, for forcible entry, praying therein that Guevarra be ejected from the premises of Lot No. 105-A. After due hearing, the said Court in a decision dated May 2, 1959 ordered Guevarra to vacate the lot and to pay damages and accrued rentals. A writ of execution was issued by Justice of the Peace Rodolfo A. Castillo of Nasugbu, which was served on Guevarra on June 6, 1959, and the return of which was made by Deputy Sheriff Leonardo R. Aquino of this Court on June 23, 1959 (Exhibit "10"). The writ recites among other things that the possession of the land was delivered to the Roxas y Cia. thru Felix Caisip, the overseer, and Guevarra was given twenty days from June 6, 1959 within which to leave the premises.The record before Us does not explain why said decision was executed. According to the complainant, her husband's counsel had appealed from said decision. The justice of the peace who rendered it, Hon. Rodolfo Castillo, said that there really had been an attempt to appeal, which was not given due course because the reglementary period therefor had expired; that a motion to reconsider his order to this effect was denied by him; and that a second motion for reconsideration was "still pending consideration," and it was October 19, 1959 when such testimony was given.Continuing the narration of the antecedent facts, His Honor, the Trial Judge, added:On June 15, 1959, some trouble occurred between the complainant and Caisip regarding the cutting of sugar cane on Lot 105-A. The following day June 16, 1959, the complainant allegedly again entered the premises of Lot 105-A and refused to be driven out by Felix Caisip. Due to the aforementioned incidents, Gloria Cabalag was charged in the justice of the peace court of Nasugbu, Batangas, with grave coercion for the incident of June 15, 1959, docketed in the said court as Criminal Case No. 968 (Exhibit "3"); and with the crime of unjust vexation for the incident of June 16, 1959, docketed in the said court as Criminal Case No. 970. Both cases, however, were filed only on June 25, 1959.In other words, these criminal cases, Nos. 968 and 970, against Gloria Cabalag, were filed eight (8) days after the incident involved in the case at bar. It is, also, noteworthy that both cases were on motion of the prosecution, filed after a reinvestigation thereof provisionally dismissed, on November 8, 1960, by the Court of First Instance of Batangas, upon the ground "that the evidence of record ... are insufficient to prove the guilt of the accused beyond reasonable doubt." The decision of said court, in the case at bar, goes on to say:

It further appears that due to the tenacious attitude of Gloria Cabalag to remain in the premises, Caisip sought the help of the chief of police of Nasugbu who advised him to see Deputy Sheriff Aquino about the matter. The latter, however, informed Caisip that he could not act on the request to eject Gloria Cabalag and to stop her from what she was doing without a proper court order. Caisip then consulted Antonio Chuidian, the hacienda administrator, who, in turn, went to the chief of police and requested for the detail of policemen in sitio Bote-bote. The chief of police, acting on said request, assigned the accused Ignacio Rojales and Federico Villadelrey, police sergeant and police corporal, respectively, of the Nasugbu Police Force, to sitio Bote-bote. 1On June 17, 1959, at about 5:00 p.m., Gloria Cabalag was seen weeding the portion of Lot 105-A which was a ricefield. Appellant Caisip approached her and bade her to leave, but she refused to do so, alleging that she and her husband had the right to stay there and that the crops thereon belong to them. She having stuck to this attitude, even when he threatened to call the police, Caisip went to his co-defendants, Sgt. Rojales and Cpl. Villadelrey, both of the local police, who were some distance away, and brought them with him. Rojales told Gloria, who was then in a squatting position, to stop weeding. As Gloria insisted on her right to stay in said lot, Rojales grabbed her right hand and, twisting the same, wrested therefrom the trowel she was holding. Thereupon, Villadelrey held her left hand and, together with Rojales, forcibly dragged her northward towards a forested area, where there was a banana plantation as Caisip stood nearby, with a drawn gun.Inasmuch as Gloria shouted "Ina ko po! Ina ko po!" 2her neighbors, Librada Dulutan, followed, soon later, by Francisca Andino, came and asked the policemen why they were dragging her. The policemen having answered that they would take Gloria to town which was on the west Francisca Andino pleaded that Gloria be released, saying that, if their purpose was as stated by them, she (Gloria) would willingly go with them. By this time, Gloria had already been dragged about eight meters and her dress, as well as her blouse 3were torn. She then agreed to proceed westward to the municipal building, and asked to be allowed to pass by her house, within Lot 105-A, in order to breast-feed her nursing infant, but, the request was turned down. As they passed, soon later, near the house of Zoilo Rivera, head of the tenant organization to which she was affiliated, in the barrio of Camachilihan, Gloria called out for him, whereupon, he went down the house and accompanied them to the municipal building. Upon arrival thereat, Rojales and Villadelrey turned her over to the policeman on duty, and then departed. After being interrogated by the chief of police, Gloria was, upon representations made by Zoilo Rivera, released and allowed to go home.The foregoing is the prosecution's version. That of the defense is to the effect that, upon being asked by the policemen to stop weeding and leave the premises, Gloria, not only refused to do so, but, also, insulted them, as well as Caisip. According to the defense, she was arrested because of the crime of slander then committed by her. Appellants Rojales and Villadelrey, moreover, testified that, as they were heading towards the barrio of Camachilihan, Gloria proceeded to tear her clothes.His Honor, the Trial Judge, accepted, however, the version of the prosecution and found that of the defense unworthy of credence. The findings of fact of the Court of Appeals, which fully concurred in this view, are "final," and our authority to review on certiorari its appealed decision is limited to questions purely of law. 4Appellants maintain that the Court of Appeals has erred: (1) in not finding their acts "justified under Article 429 of the New Civil Code"; (2) in holding that the 20-day period of grace given to Marcelino Guevarra and his wife, Gloria Cabalag, by the sheriff, to vacate Lot 105-A, was valid and lawful; (3) in finding that the elements of the crime of grave coercion are present in the case at bar; and (4) in finding appellants guilty as charged. This pretense is clearly untenable.Art. 429 of our Civil Code, reading:The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.

upon which appellants rely is obviously inapplicable to the case at bar, for, having been given 20 days from June 6, 1959, within which to vacate Lot 105-A, complainant did not, on June 17, 1959 or within said period invade or usurp said lot. She had merely remained in possession thereof, even though the hacienda owner may have become its co-possessor. Appellants did not "repel or prevent in actual or threatened ... physical invasion or usurpation." They expelled Gloria from a property of which she and her husband were in possession even before the action for forcible entry was filed against them on May 17, 1958, despite the fact that the Sheriff had explicitly authorized them to stay in said property up to June 26, 1959, and had expressed the view that he could not oust them therefrom on June 17, 1959, without a judicial order therefor.It is urged, that, by weeding and refusing to leave Lot 105-A, Gloria had committed a crime in the presence of the policemen, despite the aforementioned 20-day period, which, appellants claim, the sheriff had no authority to grant. This contention is manifestly untenable, because: (1) said period was granted in the presence of the hacienda owner's representative, appellant Caisip, who, by not objecting thereto, had impliedly consented to or ratified the act performed by the sheriff; (2) Gloria and her husband were thereby allowed to remain, and had, in fact, remained, in possession of the premises, perhaps together with the owner of the hacienda or his representative, Caisip; (3) the act of removing weeds from the ricefield was beneficial to its owner and to whomsoever the crops belonged, and, even if they had not authorized it, does not constitute a criminal offense; and (4) although Gloria and her husband had been sentenced to vacate the land, the judgment against them did not necessarily imply that they, as the parties who had tilled it and planted thereon, had no rights, of any kind whatsoever, in or to the standing crops, inasmuch as "necessary expenses shall be refunded to every possessor," 5 and the cost of cultivation, production and upkeep has been held to partake of the nature of necessary expenses. 6It is, accordingly, clear that appellants herein had, by means of violence, and without legal authority therefor, prevented the complainant from "doing something not prohibited by law," (weeding and being in Lot 105-A), and compelled her "to do something against" her will (stopping the weeding and leaving said lot), "whether it be right or wrong," thereby taking the law into their hands, in violation of Art. 286 of the Revised Penal Code. 7Appellant Caisip argues that, not having used violence against the complaining witness, he should be acquitted of the charge. In this connection, His Honor, the Trial Judge, correctly observed:... While it is true that the accused Caisip did not lay hands on the complainant, unlike the accused Rojales and Villadelrey who were the ones who used force against Gloria, and while the Court is also inclined to discredit the claim of the complainant that Felix Caisip drew a gun during the incident, it sufficiently appears from the record that the motivation and inducement for the coercion perpetrated on the complainant came from the accused Caisip. It was his undisguised and particular purpose to prevent Gloria from entering the land and working on the same. He was the one who first approached Gloria with this objective in mind, and tried to prevent her from weeding the land. He had tried to stop Gloria from doing the same act even the day previous to the present incident. It was Caisip who fetched the policemen in order to accomplish his purpose of preventing Gloria from weeding the land and making her leave the premises. The policemen obeyed his bidding, and even when the said policemen were already over-asserting their authority as peace officers, Caisip simply stood by without attempting to stop their abuses. He could be hardly said to have disapproved an act which he himself induced and initiated. 8In other words, there was community of purpose between the policemen and Caisip, so that the latter is guilty of grave coercion, as a co-conspirator, apart from being a principal by induction. 9In the commission of the offense, the aggravating circumstances of abuse of superior strength 10 and disregard of the respect due the offended party, by reason of her sex, 11 were present, insofar as the three appellants herein are concerned. As regards appellants Rojales and Villadelrey, there was the additional aggravating circumstance of having taken advantage of their positions as members of the local police force. Hence, the penalty of imprisonment meted out to appellants herein, which is the minimum of the maximum prescribed in said Art. 286, 12 and the fine imposed upon them, are in accordance with law. WHEREFORE, the decision appealed from is hereby affirmed, with costs against the defendants-appellants. It is so ordered.3) People of the Philippines VS Pletcha (GR No. 19029-CR)

4) Rodil Enterprises, Inc. VS CA (371 SCRA 7)These twin petitions filed under Rule 45 seek to set aside the Decisions of the Court of Appeals in CA-G.R. Nos. 39919, 36381 and 37243. Petitioner Rodil Enterprises Inc. (RODIL) is the lessee of the Ides O'Racca Building (O'RACCA) since 1959.[1] It was a "former alien property" over which the Republic of the Philippines acquired ownership by virtue of RA 477, as amended.[2] Sometime in 1980 RODIL entered into a sublease contract with respondents Carmen Bondoc, Teresita Bondoc-Esto, Divisoria Footwear and Chua Huay Soon,[3] members of the Ides O'Racca Building Tenants Association Inc. (ASSOCIATION). On 4 September 1972 the lease contract between RODIL and the REPUBLIC was renewed for another fifteen (15) years.[4] At that time the O'RACCA was under the administration of the Building Services and Real Property Management Office (BSRPMO) then headed by Director Jesus R. Factora.[5] On 12 September 1982 BP 233[6] was enacted. It authorized the sale of "former alien properties" classified as commercial and industrial, and the O'RACCA building was classified as commercial property.[7] On 8 January 1987 RODIL offered to purchase the subject property conformably with BP 233 and the REPUBLIC responded that its offer to purchase would be acted upon once the Committee on Appraisal shall have determined the market value of the property.[8] On 22 July 1997 the ASSOCIATION also offerred to lease the same building through the Department of General Services and Real Estate Property Management (DGSREPM).[9] Pending action on the offer of RODIL to purchase the property, Director Factora of the BSRPMO granted RODILs request for another renewal of the lease contract on 23 September 1987 for another five (5) years from 1 September 1987.[10] The renewal contract was forwarded to then Secretary Jose de Jesus of DGSREPM for approval. On 25 September 1987 Undersecretary of DGSREPM Rufino B. Banas recommended to Secrectary De Jesus the suspension of the approval of the renewal contract because the offer of the ASSOCIATION was more beneficial to the REPUBLIC.Resultantly, on 30 September 1987 Secretary De Jesus issued another memorandum to Director Factora disapproving the renewal contract in favor of RODIL, at the same time recalling all papers signed by him regarding the subject. Secretary De Jesus likewise directed RODIL to pay its realty tax delinquency and ordered the issuance of a temporary occupancy permit to the ASSOCIATION.[11] On 6 October 1987 RODIL filed an action for specific performance, damages and injunction with prayer for temporary restraining order before the Regional Trial Court of Manila against the REPUBLIC, De Jesus, Banas, Factora and the ASSOCIATION.[12] RODIL prayed that a restraining order be issued enjoining the ASSOCIATION or any person acting under it from collecting rentals from the occupants or sub-lessees of O'RACCA. On 26 October 1987 the trial court granted the writ of preliminary injunction.[13] On appeal, the Court of Appeals upheld the issuance of the writ of preliminary injunction and ordered the deposit of the monthly rentals with the lower court pendente lite. On 20 November 1987 the REPUBLIC, De Jesus, Banas and Factora filed their Answer with Counterclaim for damages. On 21 December 1987 the ASSOCIATION also filed its Answer with Counterclaim for damages. De Jesus, Banas and Factora were later substituted by Secretary Fulgencio Factoran of the Department of Environment and Natural Resources (DENR) in the action for specific performance. On 31 May 1988 Factoran issued Order No. 1 designating the Land Management Bureau represented by Director Abelardo Palad, Jr. as custodian of all "former alien properties" owned by the REPUBLIC. On 18 May 1992 RODIL signed a renewal contract with Director Palad which was approved by Secretary Factoran.[14] The renewal contract would extend the lease for ten (10) years from 1 September 1987. A supplement to the renewal contract was subsequently entered into on 25 May 1992 where rentals on the previous lease contract were increased.[15] On 14 August 1972 the action for specific performance was dismissed by the trial court upon joint motion to dismiss by RODIL and the Solicitor General. The order of dismissal however was appealed by the ASSOCIATION to the Court of Appeals.[16] On 25 September 1992 the spouses Saturnino Alvarez and Epifania Alvarez, sublessees of RODIL, filed with the Office of the President a letter-appeal assailing the authority of Factoran to enter into the renewal contract of 18 May 1992 with RODIL, and claiming the right to purchase the subject property.[17]While the appeal of the ASSOCIATION from the order of dismissal and the letter-appeal of the spouses Alvarez were pending, the ASSOCIATION instituted Civil Case No. 92-63833 with the Regional Trial Court of Manila[18] praying for the setting aside of the renewal contract of 18 May 1992 as well as the supplementary contract of 25 May 1992, and further praying for the issuance of a writ of preliminary injunction. On 3 May 1993 the trial court denied the prayer for preliminary injunction.

On 30 July 1993 RODIL filed an action for unlawful detainer against Divisoria Footwear,[19] and on 4 August 1993, a similar action against Chua Huay Soon.[20] On 10 September 1993 the trial court dismissed the action for declaration of nullity of the lease contract filed by the ASSOCIATION on the ground of litis pendentia.[21] The Order stated that the action for declaration of nullity and the action for specific performance filed by RODIL were practically between the same parties and for the same causes of action.[22] This Order was appealed by the ASSOCIATION to the Court of Appeals.[23] On 19 January 1994 RODIL filed an action for unlawful detainer against respondent Teresita Bondoc-Esto,[24] and on 1 February 1994 filed another action against respondent Carmen Bondoc,[25] both with the Metropolitan Trial Court of Manila. On 8 February 1994 the Office of the President through Executive Secretary Teofisto Guingona Jr. denied the letter-appeal of the spouses Alvarez, but nullified the renewal contract of 18 May 1992 and the supplementary contract of 25 May 1992.[26]Meanwhile, the Metropolitan Trial Court of Manila upheld RODIL's right to eject respondents Bondoc, Bondoc-Esto, Divisoria Footwear and Chua Huay Soon,[27] as promulgated in separate decisions the dispositive portions of which read -IN CIVIL CASE NO. 143301 -WHEREFORE, IN VIEW OF THE FOREGOING, judgment is hereby rendered in favor of the plaintiff [RODIL ENTERPRISES, INC.] and against the defendant [CARMEN BONDOC], to wit: 1. Ordering the defendant and all those claiming title under her to vacate the subleased portion of the ORacca Building, corner Folgueras and M. de los Santos Streets, Binondo, Manila; 2. Ordering the defendant to pay plaintiff the back rentals from October 1987 to August 1992 at the rate of P2,665.00 per month and from September 1992 at the rate of P2,665.00 per month plus a yearly increase of 20% per month up to the time that she vacates the premises; 3. Ordering the defendant to pay the amount of P10,000.00 as attorneys fees and to pay the cost of suit.IN CIVIL CASE NO. 143216 -WHEREFORE, judgment is hereby rendered in favor of the plaintiff [RODIL ENTERPRISES, INC.] as against the defendant [TERESITA BONDOC ESTO] ordering the defendant and all persons claiming rights under her to vacate the premises at ORacca Building located at corner Folgueras and M. de los Santos Streets, Binondo, Manila, and turn over the possession thereof to plaintiff; ordering the defendant to pay plaintiff the amount of P29,700.00 as rental in arrears for the period from September 1992 plus legal rate of interest less whatever amount deposited with the Court; ordering defendant to pay the sum of P3,000.00 as reasonable compensation for the use and occupancy of the premises from January 1994 until defendant shall have finally vacated the premises minus whatever amount deposited with the Court as rental; ordering defendant to pay reasonable attorneys fees in the amount of P2,000.00 and the costs of suit.IN CIVIL CASE NO. 142258 -WHEREFORE, judgment is hereby rendered in favor of plaintiff [RODIL ENTERPRISES, INC.], ordering defendant [DIVISORIA FOOTWEAR], its representatives, agents, employees and/or assigns to vacate the leased premises or portion of the Ides ORacca Building presently occupied by said defendant and to pay plaintiff the following: a) Rentals in arrears from October 1987 to June 1993 in the amount of P521,000.00; b) Rentals in the amount of P9,000.00 a month from July, 1993 until defendant will have vacated the premises; c) Attorneys fees in the amount of P15,000.00; d) Costs of suit.IN CIVIL CASE NO. 142282-CV -IN VIEW THEREOF, judgment is hereby rendered ordering: 1. defendant CHUA HUAY SOON and all persons claiming rights through him, to vacate the premises occupied by him at ORACCA Building, located at the corner of Folgueras and M. delos Santos Street, Binondo, Manila, and turn over possession thereof to plaintiff RODIL ENTERPRISES, INC.; 2. defendant to pay rentals in arrears from October 1987 up to June 1993 at the rate of P6,175.00 a month, representing the rentals in arrears; 3. defendant to pay P6,175.00 per month from July 1993 until he vacates the premises, as reasonable compensation for the use of the premises; 4. defendant to pay the sum of P20,000.00 as attorneys fees; 5. defendant to pay interests on the amounts mentioned in Nos. 2 and 3 above at ten (10%) percent per annum from the date of the filing of the complaint until said amounts are fully paid; and, 6. defendant to pay the costs.The Regional Trial Court affirmed the Metropolitan Trial Court[28] in all the four (4) decisions above quoted. Thus, respondents Bondoc, Bondoc-Esto and Divisoria Footwear subsequently filed a Petition for Review with the Court of Appeals,[29] followed by respondent Chua Huay Soon.[30] While the consolidated appeals from the unlawful detainer cases were pending, the Second Division of the Court of Appeals promulgated its decision on 12 April 1996 with regard to CA-G.R. No. 39919 declaring the renewal contract between RODIL and the REPUBLIC null and void.[31] RODIL moved for reconsideration but its motion was denied.[32] Hence, this petition for review on certiorari under Rule 45.[33] On 29 November 1996 the Special Fourth Division of the Court of Appeals promulgated its Decision in CA-G.R. No. 36381 and CA-G.R. No. 37243 setting aside the decisions of the Regional Trial Court, which sustained the Metropolitan Trial Court, and dismissing the action for unlawful detainer filed by RODIL against its lessees.[34] RODIL moved for reconsideration but the motion was denied.[35] Hence, this petition for review on certiorari.[36]On respondents' motion, G.R. Nos. 129609 and 135537 were consolidated.RODIL now contends that the Court of Appeals erred in annulling its renewal contract with the REPUBLIC and in dismissing its actions for unlawful detainer against respondents Bondoc, Bondoc-Esto, Divisoria Footwear and Chua. RODIL claims that the assailed contracts are neither void nor voidable as the facts show they do not fall within the enumerations under Arts. 1305 and 1409, and an implied new lease still exists by virtue of Art. 1670. As a result, the right to eject respondents properly belongs to it.[37] With regard to CA-G.R. No. 39919, RODIL argues that the REPUBLIC, the only defendant who is a real party in interest, signified its assent to having the action dismissed. Assuming arguendo that the ASSOCIATION was a real party in interest, its counterclaim was nonetheless unmeritorious.[38] On the other hand, respondents Bondoc, Bondoc-Esto, Divisoria Footwear and Chua contend that the lease contract which the lease contract of 18 May 1992 was to renew, never came into existence. Therefore, since there was no contract to "renew," the renewal contract had no leg to stand on, hence, is also void.[39] Respondents then conclude that since there was no lease contract to speak of, RODIL had no right to relief in its action for unlawful detainer. The ASSOCIATION, for its part, argues that the counterclaim it filed against RODIL cannot be dismissed because the trial court has not passed upon it.[40] We rule for RODIL. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.[41] Every owner has the freedom of disposition over his property. It is an attribute of ownership, and this rule has no exception. The REPUBLIC being the owner of the disputed property enjoys the prerogative to enter into a lease contract with RODIL in the exercise of its jus disponendi. Hence, as lessor, the REPUBLIC has the right to eject usurpers of the leased property where the factual elements required for relief in an action for unlawful detainer are present. Private respondents claim that the agreements of 23 September 1987, 18 May 1992 and 25 May 1992 did not give rise to valid contracts.[42] This is true only of the Contract of Lease entered into on 23 September 1987 which the REPUBLIC did not approve. RODIL neither alleged nor proved that such approval was made known to it. The so-called approval of the lease contract was merely stated in an internal memorandum of Secretary De Jesus addressed to Director Factora.[43] This is evident from the fact that Secretary De Jesus, in his letter, asked Factora to duly execute a lease contract and forward it to his office for approval.[44] The consequences of this fact are clear. The Civil Code provides that no contract shall arise unless acceptance of the contract is communicated to the offeror.[45] Until that moment, there is no real meeting of the minds, no concurrence of offer and acceptance, hence, no contract.[46] However, the same is not true of the contracts of 18 May 1992 and 25 May 1992. As argued by RODIL, these contracts are not proscribed by law; neither is there a law prohibiting the execution of a contract with provisions that are retroactive. Where there is nothing in a contract that is contrary to law, morals, good customs, public policy or public order, the validity of the contract must be sustained.[47] The Court of Appeals invalidated the contracts because they were supposedly executed in violation of a temporary restraining order issued by the Regional Trial Court.[48] The appellate court however failed to note that the order restrains the REPUBLIC from awarding the lease contract only as regards respondent ASSOCIATION but not petitioner RODIL. While a temporary restraining order was indeed issued against RODIL, it was issued only on 25 May 1992 or after the assailed contracts were entered into. As correctly stated by petitioner, one cannot enjoin an act already fait accompli.[49] Private respondents argue that the "renewal contract" cannot "renew" a void contract. However, they could cite no legal basis for this assertion. It would seem that respondents consider the renewal contract to be a novation of the earlier lease contract of 23 September 1987. However, novation is never presumed.[50] Also, the title of a contract does not determine its nature. On the contrary, it is the specific provisions of the contract which dictate its nature.[51] Furthermore, where a contract is susceptible of two (2) interpretations, one that would make it valid and another that would make it invalid, the latter interpretation is to be adopted.[52] The assailed agreement of 18 May 1992, "Renewal of Contract of Lease," merely states that the term of the contract would be for ten (10) years starting 1 September 1987. This is hardly conclusive of the existence of an intention by the parties to novate the contract of 23 September 1987. Nor can it be argued that there is an implied novation for the requisite incompatibility between the original contract and the subsequent one is not present.[53] Based on this factual milieu, the presumption of validity of contract cannot be said to have been overturned. Respondent ASSOCIATION claims that the Decision of the Office of the President declaring null and void the lease contracts of 18 May 1992 and 25 May 1992 should be counted in its favor.We do not agree. The contention does not hold water. It is well-settled that a court's judgment in a case shall not adversely affect persons who were not parties thereto. Respondent ASSOCIATION finally argues that the 18 May 1992 and 25 May 1992 contracts can be considered rescissible because they concern property under litigation and were entered into without the knowledge and approval of the litigants or of competent judicial authority.[54] Civil Case No. 87-42323 involved an action for specific performance and damages filed by RODIL against the REPUBLIC and the ASSOCIATION. The right to file the action for rescission arises in favor of the plaintiff when the defendant enters into a contract over the thing under litigation without the knowledge and approval of the plaintiff or the court. The right of action therefore arose in favor of petitioner RODIL and not respondent ASSOCIATION.Having preliminarily dealt with the validity of the lease contracts, we now proceed to resolve the issue raised by respondent ASSOCIATION with regard to its counterclaim. The ASSOCIATION argues that its counterclaim should not have been dismissed. On this point, we agree. The requisites for the application of Rule 17 of the Rules of Civil Procedure are clearly present.[55] The counterclaim is necessarily connected with the transaction that is the subject matter of the claim. In malicious prosecution, there must be proof that the prosecution was prompted by a sinister design to vex and humiliate a person, and that it was initiated deliberately by the defendant knowing that his charge was false and groundless.[56] A determination of whether the charge is groundless would necessarily involve an analysis of whether the action instituted by RODIL is meritorious. The counterclaim did not require the presence of third parties over which the court could not acquire jurisdiction, and that the court had jurisdiction over the subject matter of the counterclaim since the amount of damages claimed by the ASSOCIATION in its counterclaim amounted to P3,500,000.00, clearly within the jurisdictional amount for the Regional Trial Court under BP 129.However, in the interest of making a final adjudication on an issue which has been pending for fourteen (14) years, we will rule on the issues raised by the ASSOCIATION in its counterclaim, and accordingly deny the same, dispensing with any discussion regarding the merits of RODIL's cause of action which is clearly neither "false" nor "groundless." Therefore, the elements of malicious prosecution are absent. As regards the action for unlawful detainer, respondents Bondoc, Bondoc-Esto, Divisoria Footwear and Chua argue that this should not prosper because RODIL is not in actual possession of the property and because they are not its sublessees.[57] Their arguments do not convince.In an action for unlawful detainer the plaintiff need not have been in prior physical possession. Respondents have admitted that they have not entered into any lease contract with the REPUBLIC and that their continued occupation of the subject property was merely by virtue of acquiescence.[58] The records clearly show this to be the case. The REPUBLIC merely issued a "temporary occupancy permit" which was not even in the name of the respondents Bondoc, Bondoc-Esto, Divisoria Footwear or Chua but of respondent ASSOCIATION. Since the occupation of respondents was merely tolerated by the REPUBLIC, the right of possession of the latter remained uninterrupted. It could therefore alienate the same to anyone it chose. Unfortunately for respondents, the REPUBLIC chose to alienate the subject premises to RODIL by virtue of a contract of lease entered into on 18 May 1992. Resultantly, petitioner had the right to file the action for unlawful detainer against respondents as one from whom possession of property has been unlawfully withheld.Respondents finally argue that petitioner failed to comply with the mandatory provisions of Rule 45 so that its petition must be dismissed. They allege that petitioner failed to state in its petition that a motion for reconsideration was filed, the date of filing, when the motion was denied, and the date when the resolution denying the motion was received.

A cursory review of RODIL's petition belies respondents' assertion. All dates required under Rule 45, Sec. 4, are properly indicated except when the motion for reconsideration was filed. Procedural rules are required to be followed as a general rule, but they may be relaxed to relieve a litigant of an injustice not commensurate with the degree of his noncompliance with the procedure required. Dismissal of appeals purely on technical grounds is frowned upon and the rules of procedure ought not to be applied in a very rigid, technical sense, for they are adopted to help secure, not override, substantial justice, and thereby defeat their very aims. The rules have been drafted with the primary objective of enhancing fair trials and expediting the proper dispensation of justice. As a corollary, if their application and operation tend to subvert and defeat, instead of promote and enhance its objective, suspension of the rules is justified.[59] Petitioner did not repeat its error in its later petition filed under G.R. No. 135537. The oversight must be fashioned with leniency.WHEREFORE, the consolidated petitions are GRANTED. The assailed Decisions of the Court of Appeals in CA-G.R. Nos. 36381, 37243 and 39919 are REVERSED and SET ASIDE. Accordingly, the Decisions of the Regional Trial Court, Br. 39, in Civil Cases Nos. 94-70776, 94-71122 and 94-71123 as well as the Decision of the Regional Trial Court, Br. 23, in Civil Case No. 94-72209 affirming in toto the Decisions of the MeTC - Br. 28 in Civil Case No. 143301, MeTC - Br. 15 in Civil Case No. 143216, MeTC - Br. 7 in Civil Case No. 142258, and MeTC - Br. 24 in Civil Case No. 142282-CV, as herein quoted, and the Orders dated 14 August 1992 and 6 November 1992 of the Regional Trial Court, Br. 8 in Civil Case No. 87-42323, recognizing the validity and legality of the Renewal of the Lease Contract dated 18 May 1992 and the Supplemental Contract dated 25 May 1992, are REINSTATED, AFFIRMED and ADOPTED. Costs against private respondents in both cases.

SO ORDERED.

5) Ruben Santos VS Spouses Tony Ayon (GR No. 137013)For our resolution is the petition for review on certiorari assailing the Decision[1] of the Court of Appeals dated October 5, 1998 in CA-G.R. SP No. 4735 and its Resolution[2] dated December 11, 1998 denying the motion for reconsideration. The petition alleges that on November 6, 1996, Ruben Santos, petitioner, filed with the Municipal Trial Court in Cities (MTCC), Branch 2, Davao City a complaint for illegal detainer against spouses Tony and Mercy Ayon, respondents, docketed as Civil Case No. 3506-B-96. In his complaint, petitioner averred that he is the registered owner of three lots situated at Lanzona Subdivision, Matina, Davao City, covered by Transfer Certificates of Title (TCT) Nos. 108174, 108175, and 108176. Respondent spouses are the registered owners of an adjacent parcel of land covered by TCT No. T-247792. The previous occupant of this property built a building which straddled both the lots of the herein parties. Respondents have been using the building as a warehouse. Petitioner further alleged in his complaint that in 1985, when he bought the three lots, he informed respondents that the building occupies a portion of his land. However, he allowed them to continue using the building. But in 1996, he needed the entire portion of his lot, hence, he demanded that respondents demolish and remove the part of the building encroaching his property and turn over to him their possession. But they refused. Instead, they continued occupying the contested portion and even made improvements on the building. The dispute was then referred to the barangay lupon, but the parties failed to reach an amicable settlement. Accordingly, on March 27, 1996, a certification to file action was issued. In their answer, respondents sought a dismissal of this case on the ground that the court has no jurisdiction over it since there is no lessor-lessee relationship between the parties. Respondents denied they were occupying petitioners property by mere tolerance, claiming they own the contested portion and have been occupying the same long before petitioner acquired his lots in 1985.On July 31, 1997, the MTCC rendered its Decision in favor of petitioner, thus:WHEREFORE, judgment is rendered in favor of the plaintiff and against the defendants ordering the latter, their successors-in-interest and other persons acting in their behalf to vacate the portion of the subject properties and peacefully surrender possession thereof to plaintiff as well as dismantle/remove the structures found thereon. Defendants are further ordered to pay reasonable value for the use and occupation of the encroached area in the amount of One Thousand Pesos (P1,000.00) a month beginning September 1996 and the subsequent months thereafter until premises are vacated; to pay attorneys fees of Ten Thousand Pesos (P10,000.00); and to pay the costs of suit. SO ORDERED.[3]On appeal, the Regional Trial Court (RTC), Branch 11, Davao City, in its Decision dated February 12, 1998 in Civil Case No. 25, 654-97, affirmed in toto the MTCC judgment.[4] The RTC upheld the finding of the MTCC that respondents occupation of the contested portion was by mere tolerance. Hence, when petitioner needed the same, he has the right to eject them through court action. Respondents then elevated the case to the Court of Appeals through a petition for review. In its Decision dated October 5, 1988 now being challenged by petitioner, the Court of Appeals held that petitioners proper remedy should have been an accion publiciana before the RTC, not an action for unlawful detainer, thus:In this case, petitioners were already in possession of the premises in question at the time private respondent bought three (3) lots at the Lanzona Subdivision in 1985, a portion of which is occupied by a building being used by the former as a bodega. Apart from private respondents bare claim, no evidence was alluded to show that petitioners possession was tolerated by (his) predecessor-in-interest. The fact that respondent might have tolerated petitioners possession is not decisive. What matters for purposes of determining the proper cause of action is the nature of petitioners possession from its inception. And in this regard, the Court notes that the complaint itself merely alleges that defendants-petitioners have been occupying a portion of the above properties of the plaintiff for the past several years by virtue of the tolerance of the plaintiff. Nowhere is it alleged that his predecessor likewise tolerated petitioners possession of the premises. x x x. Consequently, x x x, respondent should present his claim before the Regional Trial Court in an accion publiciana and not before the Municipal Trial Court in a summary proceeding of unlawful detainer. WHEREFORE, the decision under review is hereby REVERSED and SET ASIDE. Accordingly, the complaint for unlawful detainer is ordered DISMISSED.[5]

Petitioner filed a motion for reconsideration, but was denied by the Appellate Court in its Resolution dated December 11, 1998.Hence, the instant petition for review on certiorari ascribing to the Court of Appeals the following errors:ITHE HONORABLE COURT OF APPEALS MISAPPLIED THE LAW IN DISMISSING THE INSTANT CASE ON THE GROUND THAT PETITIONER SHOULD PRESENT HIS CLAIM BEFORE THE REGIONAL TRIAL COURT IN AN ACCION PUBLICIANA.IITHE FINDINGS OF THE HONORABLE COURT OF APPEALS IS NOT IN CONSONANCE WITH EXISTING LAWS AND JURISPRUDENCE.The sole issue here is whether the Court of Appeals committed a reversible error of law in holding that petitioners complaint is within the competence of the RTC, not the MTCC. Petitioner contends that it is not necessary that he has prior physical possession of the questioned property before he could file an action for unlawful detainer. He stresses that he tolerated respondents occupancy of the portion in controversy until he needed it. After his demand that they vacate, their continued possession became illegal. Hence, his action for unlawful detainer before the MTCC is proper. Respondents, in their comment, insisted that they have been in possession of the disputed property even before petitioner purchased the same on April 10, 1985. Hence, he cannot claim that they were occupying the property by mere tolerance because they were ahead in time in physical possession.We sustain the petition.It is an elementary rule that the jurisdiction of a court over the subject matter is determined by the allegations of the complaint and cannot be made to depend upon the defenses set up in the answer or pleadings filed by the defendant.[6] This rule is no different in an action for forcible entry or unlawful detainer.[7] All actions for forcible entry or unlawful detainer shall be filed with the proper Metropolitan Trial Courts, the Municipal Trial Courts and the Municipal Circuit Trial Courts, which actions shall include not only the plea for restoration of possession but also all claims for damages and costs arising therefrom.[8] The said courts are not divested of jurisdiction over such cases even if the defendants therein raises the question of ownership over the litigated property in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership.[9]Section 1, Rule 70 on forcible entry and unlawful detainer of the 1997 Rules of Civil Procedure, as amended, reads:Section 1. Who may institute proceedings, and when. Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee or other person may, at any time within one (1) year after such unlawful deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs. Under the above provision, there are two entirely distinct and different causes of action, to wit: (1) a case for forcible entry, which is an action to recover possession of a property from the defendant whose occupation thereof is illegal from the beginning as he acquired possession by force, intimidation, threat, strategy or stealth; and (2) a case for unlawful detainer, which is an action for recovery of possession from defendant whose possession of the property was inceptively lawful by virtue of a contract (express or implied) with the plaintiff, but became illegal when he continued his possession despite the termination of his right thereunder.[10] Petitioners complaint for unlawful detainer in Civil Case No. 3506-B-96 is properly within the competence of the MTCC. His pertinent allegations in the complaint read:

4. That defendants (spouses) have constructed an extension of their residential house as well as other structures and have been occupying a portion of the above PROPERTIES of the plaintiff for the past several years by virtue of the tolerance of the plaintiff since at the time he has no need of the property;5. That plaintiff needed the property in the early part of 1996 and made demands to the defendants to vacate and turn over the premises as well as the removal (of) their structures found inside the PROPERTIES of plaintiff; that without any justifiable reasons, defendants refused to vacate the portion of the PROPERTIES occupied by them to the damage and prejudice of the plaintiff.6. Hence, plaintiff referred the matter to the Office of the Barangay Captain of Matina Crossing 74-A, Davao City for a possible settlement sometime in the latter part of February 1996. The barangay case reached the Pangkat but no settlement was had. Thereafter, a Certification To File Action dated March 27, 1996 was issued x x x;x x x.[11] (underscoring ours)Verily, petitioners allegations in his complaint clearly make a case for an unlawful detainer. We find no error in the MTCC assuming jurisdiction over petitioners complaint. A complaint for unlawful detainer is sufficient if it alleges that the withholding of the possession or the refusal to vacate is unlawful without necessarily employing the terminology of the law.[12] Here, there is an allegation in petitioners complaint that respondents occupancy on the portion of his property is by virtue of his tolerance. Petitioners cause of action for unlawful detainer springs from respondents failure to vacate the questioned premises upon his demand sometime in 1996. Within one (1) year therefrom, or on November 6, 1996, petitioner filed the instant complaint. It bears stressing that possession by tolerance is lawful, but such possession becomes unlawful when the possessor by tolerance refuses to vacate upon demand made by the owner. Our ruling in Roxas vs. Court of Appeals[13] is applicable in this case: A person who occupies the land of another at the latters tolerance or permission, without any contract between them, is necessarily bound by an implied promise that he will vacate upon demand, failing which, a summary action for ejectment is the proper remedy against him.WHEREFORE, the petition is GRANTED. The assailed Decision and Resolution of the Court of Appeals in CA-G.R. SP No. 47435 are hereby REVERSED and SET ASIDE. The Decision dated February 12, 1998 of the Regional Trial Court, Branch 11, Davao City in Civil Case No. 25, 654-97, affirming the Decision dated July 31, 1997 of the Municipal Trial Court in Cities, Branch 2, Davao City in Civil Case No. 3506-B-96, is hereby REINSTATED.SO ORDERED.

6) Bustos VS CA (350 SCRA 155)The case before the Court is an appeal via certiorari seeking to set aside the decision of the Court of Appeals[1] modifying that of the Regional Trial Court, Pampanga, Macabebe, Branch 55[2] and the resolution denying reconsideration.[3] Paulino Fajardo died intestate on April 2, 1957.[4] He had four (4) children, namely: Manuela, Trinidad, Beatriz and Marcial, all surnamed Fajardo. On September 30, 1964, the heirs executed an extra-judicial partition[5] of the estate of Paulino Fajardo. On the same date, Manuela sold her share to Moses[6] G. Mendoza, husband of Beatriz by deed of absolute sale.[7] The description of the property reads as follows: A parcel of an irrigated riceland located in the barrio of San Isidro, Masantol, Pampanga. Bounded on the North, by Paulino Fajardo; on the East, by Paulino Fajardo; on the South, by Eleuterio Bautista; and on the West, by Paulino Guintu. Containing an area of 5,253 sq. mts., more or less. Declared under Tax Declaration No. 3029 in the sum of P710.00. At the time of the sale, there was no cadastral survey in Masantol, Pampanga. Later, the cadastre was conducted, and the property involved in the partition case were specified as Lots 280, 283, 284, 1000-A and 1000-B. The share of Manuela, which was sold to Moses, includes Lot 284 of the Masantol Cadastre and Lot 284 was subdivided into Lots 284-A and 284-B. Trinidad was in physical possession of the land. She refused to surrender the land to her brother-in-law Moses G. Mendoza, despite several demands. On September 3, 1971, Moses filed with the Court of First Instance, Pampanga a complaint for partition claiming the one fourth () share of Manuela which was sold to him.[8] During the pendency of the case for partition, Trinidad Fajardo died. On December 15, 1984, the heirs executed an extra-judicial partition of the estate of Trinidad Fajardo. On February 16, 1987, Lucio Fajardo Ignacio, son of Trinidad sold Lot 284-B to spouses Venancio Viray and Cecilia Nunga-Viray. On February 8, 1989, the Regional Trial Court, Pampanga, Macabebe, Branch 55 rendered a decision in favor of Moses G. Mendoza, the dispositive portion of which provides:WHEREFORE, premises considered, judgment is hereby rendered in favor of the plaintiffs and against the defendants, and hereby orders1. The division and partition of the parcel of land identified and described earlier with the aid and assistance of a qualified surveyor, segregating therefrom an area equivalent to portion to be taken from the vacant right eastern portion which is toward the national road the same to be determined by one (or the said surveyor) standing on the subject land facing the municipal road, at the expense of the plaintiffs;2. The said portion segregated shall be a fixed portion, described by metes and bounds, and shall be adjudicated and assigned to the plaintiffs;3. In case of disagreement as to where the said right eastern portion should be taken, a commission is hereby constituted, and the OIC-Clerk of Court is hereby appointed chairman, and the OIC-Branch Clerk of Court of Branches 54 and 55 of this Court are hereby appointed members, to carry out the orders contained in the foregoing first two paragraphs;4. The defendants to pay the plaintiffs the sum of P500.00 as attorneys fees, and to pay the costs of the proceedings.SO ORDERED.[9]On September 13, 1991, Moses sold the subject land to spouses Warlito Bustos and Herminia Reyes-Bustos. In the meantime, on November 6, 1989, spouses Venancio Viray and Cecilia Nunga-Viray, buyers of Lucio Ignacios share of the property, filed with the Municipal Circuit Trial Court, Macabebe-Masantol, Pampanga an action for unlawful detainer[10] against spouses Bustos, the buyers of Moses G. Mendoza, who were in actual possession as lessees of the husband of Trinidad, Francisco Ignacio, of the subject land. The municipal circuit trial court decided the case in favor of spouses Viray. Subsequently, the trial court issued writs of execution and demolition, but were stayed when spouses Bustos filed with the Regional Trial Court, Pampanga, Macabebe, Branch 55,[11] a petition for certiorari, prohibition and injunction. On December 18, 1992, the regional trial court rendered a decision, the dispositive portion of which reads: WHEREFORE, premises considered, this case, is as it is hereby, dismissed. The preliminary injunction is ordered dissolved and the petitioners and Meridian Assurance Corporation are hereby ordered jointly and severally, to pay the private respondents the sum of P20,000.00 by way of litigation expenses and attorneys fees, and to pay the cost of the proceedings.[12] In time, the spouses Bustos appealed the decision to the Court of Appeals.[13] On February 27, 1989, Lucio Fajardo Ignacio also appealed the decision to the Court of Appeals.[14] Upon motion for consolidation of the petitioners, on August 9, 1993, the Court of Appeals resolved to consolidate CA-G. R. SP No. 30369 and CA-G. R. CV No. 37606.[15] On August 26, 1994, the Court of Appeals promulgated its decision in the two cases, the dispositive portion of which provides: WHEREFORE, in view of all the foregoing, consolidated judgment is hereby rendered for both CA-G. R. SP No. 37607 and CA-G. R. SP NO. 30369 as follows:1. The appeal docketed as CA-G. R. CV No. 37607 is dismissed; Moses Mendoza is declared as owner of the undivided share previously owned by Manuela Fajardo; and the decision of the Regional Trial Court dated February 8, 1989 in Civil Case No. 83-0005-M is affirmed but MODIFIED as follows:WHEREFORE, premises considered, judgment is hereby rendered in favor of the plaintiffs and against the defendants, and hereby orders1. A relocation survey to be conducted (at the expense of the plaintiffs) to retrace the land subject of the deed of sale dated September 30, 1964 between Manuela Fajardo and Moses Mendoza;2. The division and partition of said relocated land by segregating therefrom an area equivalent to portion to be taken from the vacant right eastern portion which is toward the national road, the same to be determined by one standing on the subject land facing the municipal road, at the expense of the plaintiff-appellees;3. The said portion segregated shall be a fixed portion, described by metes and bounds, and shall be adjudicated and assigned to the plaintiffs-appellees;4. In case of disagreement as to where the said right eastern portion should be taken, a Commission is hereby constituted, with the OIC/present Clerk of Court as Chairman, and the OIC/present Branch Clerks of Court of Branches 54 and 55 of the Court (RTC) as members, to carry out and implement the Orders contained in the second and third paragraphs hereof;5. The defendants are ordered to pay the plaintiffs the sum of P500.00 as attorneys fees, and to pay the costs of the proceedings.2. The dismissal of Civil Case No. 92-0421-M is AFFIRMED but the reasons for its dismissal shall be effective only as to the issue of possession. CA-G. R. SP No. 30369 is DISMISSED.3. No pronouncement as to costs.SO ORDERED.[16]On September 9, 1994, petitioners filed a motion for reconsideration;[17] however, on June 21, 1995, the Court of Appeals denied the motion.[18] Hence, this petition.[19] The issue raised is whether petitioners could be ejected from what is now their own land. The petition is meritorious.In this case, the issue of possession is intertwined with the issue of ownership. In the unlawful detainer case, the Court of Appeals affirmed the decision of the trial court as to possession on the ground that the decision has become final and executory. This means that the petitioners may be evicted. In the accion reinvindicatoria, the Court of Appeals affirmed the ownership of petitioners over the subject land. Hence, the court declared petitioners as the lawful owners of the land. Admittedly, the decision in the ejectment case is final and executory. However, the ministerial duty of the court to order execution of a final and executory judgment admits of exceptions. In Lipana vs. Development Bank of Rizal,[20] the Supreme Court reiterated the rule once a decision becomes final and executory, it is the ministerial duty of the court to order its execution, admits of certain exceptions as in cases of special and exceptional nature where it becomes imperative in the higher interest of justice to direct the suspension of its execution (Vecine v. Geronimo, 59 O. G. 579); whenever it is necessary to accomplish the aims of justice (Pascual v. Tan, 85 Phil. 164); or when certain facts and circumstances transpired after the judgment became final which could render the execution of the judgment unjust (Cabrias v. Adil, 135 SCRA 354).In the present case, the stay of execution is warranted by the fact that petitioners are now legal owners of the land in question and are occupants thereof. To execute the judgment by ejecting petitioners from the land that they owned would certainly result in grave injustice. Besides, the issue of possession was rendered moot when the court adjudicated ownership to the spouses Bustos by virtue of a valid deed of sale. Placing petitioners in possession of the land in question is the necessary and logical consequence of the decision declaring them as the rightful owners of the property.[21] One of the essential attributes of ownership is possession. It follows that as owners of the subject property, petitioners are entitled to possession of the same. An owner who cannot exercise the seven (7) juses or attributes of ownership--the right to possess, to use and enjoy, to abuse or consume, to accessories, to dispose or alienate, to recover or vindicate and to the fruits--is a crippled owner.[22] WHEREFORE, we GRANT the petition. We SET ASIDE the decision of the Court of Appeals in CA G. R. SP No. 30609 for being moot and academic. We AFFIRM the decision of the Court of Appeals in CA G. R. CV No. 37606.No costs.SO ORDERED.

7) Custodio VS CA (350 SCRA 155)This petition for review on certiorari assails the decision of respondent Court of Appeals in CA-G.R. CV No. 29115, promulgated on November 10, 1993, which affirmed with modification the decision of the trial court, as well as its resolution dated July 8, 1994 denying petitioner's motion for reconsideration.1 On August 26, 1982, Civil Case No. 47466 for the grant of an easement of right of way was filed by Pacifico Mabasa against Cristino Custodio, Brigida R. Custodio, Rosalina R. Morato, Lito Santos and Maria Cristina C. Santos before the Regional Trial Court of Pasig and assigned to Branch 22 thereof.2 The generative facts of the case, as synthesized by the trial court and adopted by the Court of Appeals, are as follows:Perusing the record, this Court finds that the original plaintiff Pacifico Mabasa died during the pendency of this case and was substituted by Ofelia Mabasa, his surviving spouse [and children].The plaintiff owns a parcel of land with a two-door apartment erected thereon situated at Interior P. Burgos St., Palingon, Tipas, Tagig, Metro Manila. The plaintiff was able to acquire said property through a contract of sale with spouses Mamerto Rayos and Teodora Quintero as vendors last September 1981. Said property may be described to be surrounded by other immovables pertaining to defendants herein. Taking P. Burgos Street as the point of reference, on the left side, going to plaintiff's property, the row of houses will be as follows: That of defendants Cristino and Brigido Custodio, then that of Lito and Maria Cristina Santos and then that of Ofelia Mabasa. On the right side (is) that of defendant Rosalina Morato and then a Septic Tank (Exhibit "D"). As an access to P. Burgos Street from plaintiff's property, there are two possible passageways. The first passageway is approximately one meter wide and is about 20 meters distan(t) from Mabasa's residence to P. Burgos Street. Such path is passing in between the previously mentioned row of houses. The second passageway is about 3 meters in width and length from plaintiff Mabasa's residence to P. Burgos Street; it is about 26 meters. In passing thru said passageway, a less than a meter wide path through the septic tank and with 5-6 meters in length, has to be traversed.When said property was purchased by Mabasa, there were tenants occupying the remises and who were acknowledged by plaintiff Mabasa as tenants. However, sometime in February, 1982, one of said tenants vacated the apartment and when plaintiff Mabasa went to see the premises, he saw that there had been built an adobe fence in the first passageway making it narrower in width. Said adobe fence was first constructed by defendants Santoses along their property which is also along the first passageway. Defendant Morato constructed her adobe fence and even extended said fence in such a way that the entire passageway was enclosed. (Exhibit "1-Santoses and Custodios, Exh. "D" for plaintiff, Exhs. "1-C", "1-D" and "1-E") And it was then that the remaining tenants of said apartment vacated the area. Defendant Ma. Cristina Santos testified that she constructed said fence because there was an incident when her daughter was dragged by a bicycle pedalled by a son of one of the tenants in said apartment along the first passageway. She also mentioned some other inconveniences of having (at) the front of her house a pathway such as when some of the tenants were drunk and would bang their doors and windows. Some of their footwear were even lost. . . .3 (Emphasis in original text; corrections in parentheses supplied)On February 27, 1990, a decision was rendered by the trial court, with this dispositive part:Accordingly, judgment is hereby rendered as follows:1)Ordering defendants Custodios and Santoses to give plaintiff permanent access ingress and egress, to the public street;2)Ordering the plaintiff to pay defendants Custodios and Santoses the sum of Eight Thousand Pesos (P8,000) as indemnity for the permanent use of the passageway.The parties to shoulder their respective litigation expenses.4Not satisfied therewith, therein plaintiff represented by his heirs, herein private respondents, went to the Court of Appeals raising the sole issue of whether or not the lower court erred in not awarding damages in their favor. On November 10, 1993, as earlier stated, the Court of Appeals rendered its decision affirming the judgment of the trial court with modification, the decretal portion of which disposes as follows:WHEREFORE, the appealed decision of the lower court is hereby AFFIRMED WITH MODIFICATION only insofar as the herein grant of damages to plaintiffs-appellants. The Court hereby orders defendants-appellees to pay plaintiffs-appellants the sum of Sixty Five Thousand (P65,000) Pesos as Actual Damages, Thirty Thousand (P30,000) Pesos as Moral Damages, and Ten Thousand (P10,000) Pesos as Exemplary Damages. The rest of the appealed decision is affirmed to all respects.5On July 8, 1994, the Court of Appeals denied petitioner's motion for reconsideration.6 Petitioners then took the present recourse to us, raising two issues, namely, whether or not the grant of right of way to herein private respondents is proper, and whether or not the award of damages is in order.With respect to the first issue, herein petitioners are already barred from raising the same. Petitioners did not appeal from the decision of the court a quo granting private respondents the right of way, hence they are presumed to be satisfied with the adjudication therein. With the finality of the judgment of the trial court as to petitioners, the issue of propriety of the grant of right of way has already been laid to rest.For failure to appeal the decision of the trial court to the Court of Appeals, petitioners cannot obtain any affirmative relief other than those granted in the decision of the trial court. That decision of the court below has become final as against them and can no longer be reviewed, much less reversed, by this Court. The rule in this jurisdiction is that whenever an appeal is taken in a civil case, an appellee who has not himself appealed may not obtain from the appellate court any affirmative relief other than what was granted in the decision of the lower court. The appellee can only advance any argument that he may deem necessary to defeat the appellant's claim or to uphold the decision that is being disputed, and he can assign errors in his brief if such is required to strengthen the views expressed by the court a quo. These assigned errors, in turn, may be considered by the appellate court solely to maintain the appealed decision on other grounds, but not for the purpose of reversing or modifying the judgment in the appellee's favor and giving him other affirmative reliefs.7However, with respect to the second issue, we agree with petitioners that the Court of Appeals erred in awarding damages in favor of private respondents. The award of damages has no substantial legal basis. A reading of the decision of the Court of Appeals will show that the award of damages was based solely on the fact that the original plaintiff, Pacifico Mabasa, incurred losses in the form of unrealized rentals when the tenants vacated the leased premises by reason of the closure of the passageway.However, the mere fact that the plaintiff suffered losses does not give rise to a right to recover damages. To warrant the recovery of damages, there must be both a right of action for a legal wrong inflicted by the defendant, and damage resulting to the plaintiff therefrom. Wrong without damage, or damage without wrong, does not constitute a cause of action, since damages are merely part of the remedy allowed for the injury caused by a breach or wrong.8There is a material distinction between damages and injury. Injury is the illegal invasion of a legal right; damage is the loss, hurt, or harm which results from the injury; and damages are the recompense or compensation awarded for the damage suffered. Thus, there can be damage without injury in those instances in which the loss or harm was not the result of a violation of a legal duty. These situations are often called damnum absque injuria.9In order that a plaintiff may maintain an action for the injuries of which he complains, he must establish that such injuries resulted from a breach of duty which the defendant owed to the plaintiff a concurrence of injury to the plaintiff and legal responsibility by the person causing it.10 The underlying basis for the award of tort damages is the premise that an individual was injured in contemplation of law. Thus, there must first be the breach of some duty and the imposition of liability for that breach before damages may be awarded; it is not sufficient to state that there should be tort liability merely because the plaintiff suffered some pain and suffering.11Many accidents occur and many injuries are inflicted by acts or omissions which cause damage or loss to another but which violate no legal duty to such other person, and consequently create no cause of action in his favor. In such cases, the consequences must be borne by the injured person alone. The law affords no remedy for damages resulting from an act which does not amount to a legal injury or wrong.12In other words, in order that the law will give redress for an act causing damage, that act must be not only hurtful, but wrongful. There must be damnum et injuria.13 If, as may happen in many cases, a person sustains actual damage, that is, harm or loss to his person or property, without sustaining any legal injury, that is, an act or omission which the law does not deem an injury, the damage is regarded as damnum absque injuria.14In the case at bar, although there was damage, there was no legal injury. Contrary to the claim of private respondents, petitioners could not be said to have violated the principle of abuse of right. In order that the principle of abuse of right provided in Article 21 of the Civil Code can be applied, it is essential that the following requisites concur: (1) The defendant should have acted in a manner that is contrary to morals, good customs or public policy; (2) The acts should be willful; and (3) There was damage or injury to the plaintiff.15The act of petitioners in constructing a fence within their lot is a valid exercise of their right as owners, hence not contrary to morals, good customs or public policy. The law recognizes in the owner the right to enjoy and dispose of a thing, without other limitations than those established by law.16 It is within the right of petitioners, as owners, to enclose and fence their property. Article 430 of the Civil Code provides that "(e)very owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon."At the time of the construction of the fence, the lot was not subject to any servitudes. There was no easement of way existing in favor of private respondents, either by law or by contract. The fact that private respondents had no existing right over the said passageway is confirmed by the very decision of the trial court granting a compulsory right of way in their favor after payment of just compensation. It was only that decision which gave private respondents the right to use the said passageway after payment of the compensation and imposed a corresponding duty on petitioners not to interfere in the exercise of said right.Hence, prior to said decision, petitioners had an absolute right over their property and their act of fencing and enclosing the same was an act which they may lawfully perform in the employment and exercise of said right. To repeat, whatever injury or damage may have been sustained by private respondents by reason of the rightful use of the said land by petitioners is damnum absque injuria.17A person has a right to the natural use and enjoyment of his own property, according to his pleasure, for all the purposes to which such property is usually applied. As a general rule, therefore, there is no cause of action for acts done by one person upon his own property in a lawful and proper manner, although such acts incidentally cause damage or an unavoidable loss to another, as such damage or loss is damnum absque injuria. 18 When the owner of property makes use thereof in the general and ordinary manner in which the property is used, such as fencing or enclosing the same as in this case, nobody can complain of having been injured, because the incovenience arising from said use can be considered as a mere consequence of community life. 19The proper exercise of a lawful right cannot constitute a legal wrong for which an action will lie, 20 although the act may result in damage to another, for no legal right has been invaded. 21 One may use any lawful means to accomplish a lawful purpose and though the means adopted may cause damage to another, no cause of action arises in the latter's favor. An injury or damage occasioned thereby is damnum absque injuria. The courts can give no redress for hardship to an individual resulting from action reasonably calculated to achieve a lawful means. 22WHEREFORE, under the compulsion of the foregoing premises, the appealed decision of respondent Court of Appeals is hereby REVERSED and SET ASIDE and the judgment of the trial court is correspondingly REINSTATED.

8) Andamo VS IAC (191 SCRA195)The pivotal issue in this petition forcertiorari, prohibition and mandamus is whether a corporation, which has built through its agents, waterpaths, water conductors and contrivances within its land, thereby causing inundation and damage to an adjacent land, can be held civilly liable for damages under Articles 2176 and 2177 of the Civil Code on quasi-delicts such that the resulting civil case can proceed independently of the criminal case.The antecedent facts are as follows:Petitioner spouses Emmanuel and Natividad Andamo are the owners of a parcel of land situated in Biga (Biluso) Silang, Cavite which is adjacent to that of private respondent, Missionaries of Our Lady of La Salette, Inc., a religious corporation. Within the land of respondent corporation, waterpaths and contrivances, including an artificial lake, were constructed, which allegedly inundated and eroded petitioners' land, caused a young man to drown, damaged petitioners' crops and plants, washed away costly fences, endangered the lives of petitioners and their laborers during rainy and stormy seasons, and exposed plants and other improvements to destruction. In July 1982, petitioners instituted a criminal action, docketed as Criminal Case No. TG-907-82, before the Regional Trial Court of Cavite, Branch 4 (Tagaytay City), against Efren Musngi, Orlando Sapuay and Rutillo Mallillin, officers and directors of herein respondent corporation, for destruction by means of inundation under Article 324 of the Revised Penal Code.Subsequently, on February 22, 1983, petitioners filed another action against respondent corporation, this time a civil case, docketed as Civil Case No. TG-748, for damages with prayer for the issuance of a writ of preliminary injunction before the same court.1On March 11, 1983, respondent corporation filed its answer to the complaint and opposition to the issuance of a writ of preliminary injunction. Hearings were conducted including ocular inspections on the land. However, on April 26, 1984, the trial court, acting on respondent corporation's motion to dismiss or suspend the civil action, issued an ordersuspendingfurther hearings in Civil Case No, TG-748 until after judgment in the related Criminal Case No. TG-907-82.Resolving respondent corporation's motion to dismiss filed on June 22, 1984, the trial court issued on August 27, 1984 the disputed orderdismissingCivil Case No. TG-748 for lack of jurisdiction, as the criminal case which was instituted ahead of the civil case was still unresolved. Said order was anchored on the provision of Section 3 (a), Rule III of the Rules of Court which provides that "criminal and civil actions arising from the same offense may be instituted separately, but after the criminal action has been commenced the civil action cannot be instituted until final judgment has been rendered in the criminal action."2Petitioners appealed from that order to the Intermediate Appellate Court.3On February 17, 1986, respondent Appellate Court, First Civil Cases Division, promulgated a decision4affirming the questioned order of the trial court.5A motion for reconsideration filed by petitioners was denied by the Appellate Court in its resolution dated May 19, 1986.6 Directly at issue is the propriety of the dismissal of Civil Case No. TG-748 in accordance with Section 3 (a) of Rule 111 of the Rules of Court. Petitioners contend that the trial court and the Appellate Court erred in dismissing Civil Case No. TG-748 since it is predicated on a quasi-delict. Petitioners have raised a valid point. It is axiomatic that the nature of an action filed in court is determined by the facts alleged in the complaint as constituting the cause of action.7The purpose of an action or suit and the law to govern it, including the period of prescription, is to be determined not by the claim of the party filing the action, made in his argument or brief, but rather by the complaint itself, its allegations and prayer for relief.8The nature of an action is not necessarily determined or controlled by its title or heading but the body of the pleading or complaint itself. To avoid possible denial of substantial justice due to legal technicalities, pleadings as well as remedial laws should be liberally construed so that the litigants may have ample opportunity to prove their respective claims.9Quoted hereunder are the pertinent portions of petitioners' complaint in Civil Case No. TG-748:4) That within defendant's land, likewise located at Biga (Biluso), Silang, Cavite, adjacent on the right side of the aforesaid land of plaintiffs, defendant constructed waterpaths starting from the middle-right portion thereof leading to a big hole or opening, also constructed by defendant, thru the lower portion of its concrete hollow-blocks fence situated on the right side of its cemented gate fronting the provincial highway, and connected by defendant to a man height inter-connected cement culverts which were also constructed and lain by defendant cross-wise beneath the tip of the said cemented gate, the left-end of the said inter-connected culverts again connected by defendant to a big hole or opening thru the lower portion of the same concrete hollowblocks fence on the left side of the said cemented gate, which hole or opening is likewise connected by defendant to the cemented mouth of a big canal, also constructed by defendant, which runs northward towards a big hole or opening which was also built by defendant thru the lower portion of its concrete hollow-blocks fence which separates the land of plaintiffs from that of defendant (and which serves as the exit-point of the floodwater coming from the land of defendant, and at the same time, the entrance-point of the same floodwater to the land of plaintiffs, year after year, during rainy or stormy seasons.5) That moreover, on the middle-left portion of its land just beside the land of plaintiffs, defendant also constructed an artificial lake, the base of which is soil, which utilizes the water being channeled thereto from its water system thru inter-connected galvanized iron pipes (No. 2) and complimented by rain water during rainy or stormy seasons, so much so that the water below it seeps into, and the excess water above it inundates, portions of the adjoining land of plaintiffs.6) That as a result of the inundation brought about by defendant's aforementioned water conductors, contrivances and manipulators, a young man was drowned to death, while herein plaintiffs suffered and will continue to suffer, as follows:a) Portions of the land of plaintiffs were eroded and converted to deep, wide and long canals, such that the same can no longer be planted to any crop or plant.b) Costly fences constructed by plaintiffs were, on several occasions, washed away.c) During rainy and stormy seasons the lives of plaintiffs and their laborers are always in danger.d) Plants and other improvements on other portions of the land of plaintiffs are exposed to destruction. ...10A careful examination of the aforequoted complaint shows that the civil action is one under Articles 2176 and 2177 of the Civil Code on quasi-delicts. All the elements of a quasi-delict are present, to wit: (a) damages suffered by the plaintiff, (b) fault or negligence of the defendant, or some other person for whose acts he must respond; and (c) the connection of cause and effect between the fault or negligence of the defendant and the damages incurred by the plaintiff.11Clearly, from petitioner's complaint, the waterpaths and contrivances built by respondent corporation are alleged to have inundated the land of petitioners. There is therefore, an assertion of a causal connection between the act of building these waterpaths and the damage sustained by petitioners. Such action if proven constitutes fault or negligence which may be the basis for the recovery of damages.In the case ofSamson vs. Dionisio,12the Court applied Article 1902, now Article 2176 of the Civil Code and held that "any person who without due authority constructs a bank or dike, stopping the flow or communication between a creek or a lake and a river, thereby causing loss and damages to a third party who, like the rest of the residents, is entitled to the use and enjoyment of the stream or lake, shall be liable to the payment of an indemnity for loss and damages to the injured party.While the property involved in the cited case belonged to the public domain and the property subject of the instant case is privately owned, the fact remains that petitioners' complaint sufficiently alleges that petitioners have sustained and will continue to sustain damage due to the waterpaths and contrivances built by respondent corporation. Indeed, the recitals of the complaint, the alleged presence of damage to the petitioners, the act or omission of respondent corporation supposedly constituting fault or negligence, and the causal connection between the act and the damage, with no pre-existing contractual obligation between the parties make a clear case of aquasi delictorculpa aquiliana.It must be stressed that the use of one's property is not without limitations. Article 431 of the Civil Code provides that "the owner of a thing cannot make use thereof in such a manner as to injure the rights of a third person." SIC UTERE TUO UT ALIENUM NON LAEDAS. Moreover, adjoining landowners have mutual and reciprocal duties which require that each must use his own land in a reasonable manner so as not to infringe upon the rights and interests of others. Although we recognize the right of an owner to build structures on his land, such structures must be so constructed and maintained using all reasonable care so that they cannot be dangerous to adjoining landowners and can withstand the usual and expected forces of nature. If the structures cause injury or damage to an adjoining landowner or a third person, the latter can claim indemnification for the injury or damage suffered.Article 2176 of the Civil Code imposes a civil liability on a person for damage caused by his act or omission constituting fault or negligence, thus:Article 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this chapter.Article 2176, whenever it refers to "fault or negligence", covers not only acts "not punishable by law" but also acts criminal in character, whether intentional and voluntar