This case clarifies that in ejectment cases, the critical issue is who has prior physical possession of the property, regardless of ownership claims. The Supreme Court affirmed the lower courts’ decision, finding that the respondent, tracing possession to her family’s long-standing occupation, had a better right to possess the disputed property than the petitioners, who forcibly entered the premises. This ruling underscores the importance of establishing prior possession in resolving forcible entry disputes.

Possession is Nine-Tenths of the Law: A Family Property Dispute

The heart of this case, Bunyi v. Factor, revolves around a contested rest house within a family compound in Las Piñas City. Fe S. Factor filed a forcible entry complaint against Precy and Mila Bunyi, who occupied the property after the death of Ruben Labao, Precy’s husband. Factor claimed her family had owned the land for generations, and the Bunyis had forcibly entered the rest house. The central legal question was: Who had the right to possess the property?

The petitioners argued that Precy inherited the property from her husband, Ruben Labao, claiming he owned the subject property before his death, making her the rightful possessor. Factor, however, asserted prior possession, tracing back to her grandparents’ ownership and continuous occupation since before 1906. She argued that her family’s ownership and her subsequent administration of the property after her relatives’ deaths entitled her to possession.

In resolving the dispute, the Court reiterated that in ejectment cases, the paramount issue is prior physical possession, not ownership. The party who can demonstrate prior possession de facto—the actual physical possession—can recover the property, even from the owner. The court emphasized that this rule applies irrespective of the nature of the party’s possession, provided they have priority in time, entitling them to remain on the property until lawfully ejected by someone with a better right, pursued through an accion publiciana (right of possession) or accion reivindicatoria (claim of ownership).

The petitioners argued that Factor had never actually occupied the rest house, claiming their own continuous possession since Precy’s marriage to Labao. The court, however, found this argument unconvincing. It highlighted that possession doesn’t necessitate continuous physical occupation of every inch of the property. Possession can be acquired through juridical acts like succession, which grants heirs the right to possess property from the moment of death, or by acts indicating control and dominion over the property.

Evidence showed that Ruben Labao’s residence was elsewhere, undermining Precy’s claim of moving into the property with him during their marriage. In contrast, the court acknowledged Factor’s family’s long-standing occupation and ownership. A prior court decision had confirmed their rights over the property, establishing a clear lineage of possession.

The right of respondent’s predecessors over the subject property is more than sufficient to uphold respondent’s right to possession over the same. Respondent’s right to the property was vested in her along with her siblings from the moment of their father’s death.

Moreover, the Court found that when the petitioners entered said property without the consent and permission of the respondent and the other co-owners, the latter were deprived of its possession. The court also cited Bañes v. Lutheran Church in the Philippines, explaining:

In order to constitute force that would justify a forcible entry case, the trespasser does not have to institute a state of war. The act of going to the property and excluding the lawful possessor therefrom necessarily implies the exertion of force over the property which is all that is necessary and sufficient to show that the action is based on the provisions of Section 1, Rule 70 of the Rules of Court.

The High Tribunal has affirmed that in ejectment cases, the use of force, intimidation, threat, strategy, or stealth includes every situation or condition under which one person can wrongfully enter upon real property and exclude another, who has had prior possession therefrom.

The court, however, clarified that while it addressed ownership, this determination was provisional, solely for resolving possession. It would not bar a separate action for quieting title to the property. This distinction emphasizes that the ejectment case only resolves who has the right to physical possession. Ownership is a separate matter to be decided in a different legal proceeding. The court also deleted the lower court’s award of rentals and attorney’s fees, citing a lack of evidentiary support for the rental amount and failing to explicitly state reasons for the attorney’s fees award in the decision’s body.

FAQs

What was the key issue in this case?	The key issue was determining who had the right of prior physical possession of the disputed property in a forcible entry case, independent of ownership claims.
What is forcible entry?	Forcible entry is a legal action to recover possession of a property from someone who has taken possession through force, intimidation, threat, strategy, or stealth.
What does “prior possession” mean in this context?	Prior possession refers to the act of having physical control and dominion over the property before another party’s entry or occupation. This possession must be lawful and continuous.
Why was Fe S. Factor favored in the case?	Fe S. Factor was favored because her family had a longer history of occupation and ownership of the property, which was legally recognized, establishing her prior possession.
Can ownership be decided in a forcible entry case?	While evidence of ownership may be presented, the primary issue in a forcible entry case is possession, not ownership. The determination of ownership is only provisional.
What happens if someone is found guilty of forcible entry?	If found guilty, the person must vacate the property and restore possession to the rightful possessor. They may also be liable for damages and costs.
What is the significance of “juridical acts” in establishing possession?	Juridical acts, such as inheritance or succession, can establish possession even without physical occupation, granting legal rights to the property.
How does this case affect property disputes?	This case reinforces the importance of documenting and establishing a clear history of possession when resolving property disputes. It also emphasizes the remedy of seeking legal action to protect one’s right to possess real property.

In conclusion, the Supreme Court’s decision in Bunyi v. Factor reaffirms the primacy of prior physical possession in resolving ejectment cases, stressing that rightful possession must be protected, even against claims of ownership, until a separate action definitively settles the title. This ruling provides critical guidance for property disputes, emphasizing the need to substantiate claims with evidence of prior, continuous, and rightful possession.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Bunyi v. Factor, G.R. No. 172547, June 30, 2009