In Rivera v. Velasco, the Supreme Court of the Philippines reaffirmed that a Torrens title is indefeasible and binding upon the whole world unless nullified by a court of competent jurisdiction in a direct proceeding. The Court emphasized that an action for forcible entry cannot be circumvented by merely asserting ownership over the property. This ruling protects registered landowners from collateral attacks on their titles in ejectment cases, ensuring that they can effectively recover possession of their property from unlawful intruders.

Stealth Occupation: Can a Forcible Entry Case Be Defeated by Claiming Ownership?

Eufrocina Rivera, the petitioner, filed a complaint for forcible entry against Rolando G. Velasco, the respondent, concerning three parcels of land in General Tinio, Nueva Ecija, registered under her name. Rivera claimed that Velasco, through strategy and stealth, occupied a portion of her land by constructing a house without her consent. Velasco countered that he had been occupying the land since 1995 and that Rivera fraudulently obtained her titles. The Municipal Trial Court (MTC) ruled in favor of Rivera, finding that she had prior physical possession and that Velasco’s defense was a collateral attack on her Torrens titles. The Regional Trial Court (RTC) affirmed the MTC’s decision. However, the Court of Appeals (CA) reversed the RTC, stating that the case involved a complex ownership issue that could not be resolved in an ejectment case.

The Supreme Court (SC) disagreed with the CA, reinstating the MTC’s decision with modification. The SC emphasized the nature of an accion interdictal, which aims to restore physical possession of a property to one who has been illegally or forcibly deprived of it. The Court reiterated that the purpose of an action for forcible entry and detainer is to prevent breaches of the peace and criminal disorder, compelling parties to resort to law rather than force. The SC explained the two key elements required for a forcible entry suit to prosper: prior physical possession of the property by the plaintiff and unlawful deprivation of that possession by the defendant through force, intimidation, strategy, threat, or stealth.

In this case, Rivera’s complaint sufficiently alleged prior physical possession and Velasco’s forcible entry through strategy and stealth. The MTC and RTC’s factual findings supported these allegations, confirming Rivera’s entitlement to possession. Building on this, the Supreme Court addressed the issue of collateral attacks on Torrens titles, stating that a Torrens certificate of title is indefeasible and binding unless nullified by a court in a direct proceeding. Section 48 of Presidential Decree No. 1529, the Property Registration Decree, explicitly states that a certificate of title cannot be altered, modified, or canceled except in a direct proceeding. Furthermore, the Court cited Co v. Court of Appeals, which distinguishes between direct and collateral attacks, stating that a collateral attack occurs when an attack on the judgment is made as an incident in another action to obtain a different relief.

A collateral attack is made when, in another action to obtain a different relief, an attack on the judgment is made as an incident in said action. This is proper only when the judgment, on its face, is null and void, as where it is patent that the court which rendered said judgment has no jurisdiction.

Velasco’s claim that Rivera fraudulently obtained her free patent applications constituted a collateral attack on her titles, which is not permissible under the Torrens system. The Court underscored that the issue of title validity can only be raised in an action expressly instituted for that purpose. This principle was further illustrated in the case of Barcelo v. Riparip, where the Court held that a Torrens title cannot be collaterally attacked in a forcible entry case. The Court emphasized that the issuance of a certificate of title evidences ownership, and a right to possession follows.

The Supreme Court clarified that the only issue to be resolved in ejectment cases is who is entitled to physical or material possession, independent of any claim of ownership. Even if ownership is raised, courts may only consider it to determine possession, especially if the two are inseparably linked. However, that was not the situation in this case. As the court held in Spouses Malison v. Court of Appeals:

Verily, in ejectment cases, the word “possession” means nothing more than actual physical possession, not legal possession, in the sense contemplated in civil law. The only issue in such cases is who is entitled to the physical or material possession of the property involved, independent of any claim of ownership set forth by any of the party-litigants. It does not even matter if the party’s title to property is questionable.

Thus, an ejectment suit cannot be circumvented by asserting ownership over the property. Based on the evidence, Rivera was the registered owner of the land, and as such, she was entitled to all the attributes of ownership, including possession. Therefore, the MTC correctly ruled in her favor. In conclusion, the Supreme Court found that the CA erred in its decision and reinstated the MTC’s ruling with a modification imposing a legal interest of six percent (6%) per annum on the total monetary award due to Rivera, reckoned from the time of finality of the Decision until its full satisfaction.

FAQs

What was the key issue in this case?	The key issue was whether the Court of Appeals erred in dismissing the forcible entry complaint filed by Eufrocina Rivera, based on the argument that the controversy involved a complex ownership issue that could not be resolved without a definitive ruling on ownership.
What is a Torrens title?	A Torrens title is a certificate of ownership issued under the Torrens system, which is indefeasible and binding upon the whole world unless nullified by a court in a direct proceeding. It serves as evidence of ownership and the right to possess the property.
What is a collateral attack on a title?	A collateral attack on a title is an attempt to challenge the validity of a title in a proceeding where the primary objective is not to annul or set aside the title. It is generally not allowed under the Torrens system.
What are the elements of forcible entry?	The elements of forcible entry are: (1) prior physical possession of the property by the plaintiff; and (2) unlawful deprivation of that possession by the defendant through force, intimidation, strategy, threat, or stealth.
Can ownership be determined in an ejectment case?	While the primary issue in an ejectment case is possession, courts may consider ownership to determine the issue of possession, especially if the two are inseparably linked. However, an ejectment suit cannot be circumvented by merely asserting ownership over the property.
What is the significance of prior physical possession in a forcible entry case?	Prior physical possession is a crucial element in a forcible entry case, as it establishes the plaintiff’s right to be protected against unlawful dispossession. It means that the plaintiff was in possession of the property before the defendant’s entry.
What is the meaning of strategy and stealth in forcible entry?	Strategy and stealth refer to the means employed by the defendant to enter the property without the knowledge or consent of the plaintiff, thereby depriving the plaintiff of possession. This element distinguishes forcible entry from other forms of dispossession.
What are the practical implications of this ruling for landowners?	This ruling reinforces the protection afforded to registered landowners under the Torrens system, ensuring that their titles cannot be easily challenged in ejectment cases. It allows them to effectively recover possession of their property from unlawful intruders.
What is an accion interdictal?	An accion interdictal is a summary ejectment proceeding that may either be an unlawful detainer or a forcible entry suit under Rule 70 of the Rules of Court, designed to summarily restore physical possession of a piece of land or building to one who has been illegally or forcibly deprived thereof.

This case highlights the importance of the Torrens system in protecting registered landowners in the Philippines. It reinforces the principle that a Torrens title is indefeasible and can only be challenged in a direct proceeding. This ruling ensures that landowners can effectively protect their property rights and recover possession from unlawful intruders through appropriate legal means.

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: Rivera v. Velasco, G.R. No. 242837, October 05, 2022