In Nenita Quality Foods Corporation v. Galabo, the Supreme Court reiterated that in forcible entry cases, the critical issue is prior physical possession, not ownership. This means that even if someone owns a piece of land, they cannot forcibly evict someone who was already in possession. The Court emphasized that maintaining peace and order is paramount, and disputes over land must be resolved through legal means, not through force or intimidation.

Land Dispute: Who Has the Right to Immediate Possession?

The case revolves around a parcel of land in Davao City, specifically Lot No. 102, PSD-40060. The respondents, the Galabo family, claimed prior possession as heirs of Donato Galabo, who had occupied the land since 1948, believing it was part of his titled property (Lot No. 722). Nenita Quality Foods Corporation (NQFC), on the other hand, asserted ownership through a Deed of Absolute Sale from the heirs of Santos Nantin, who allegedly acquired the land from the Galabos in 1972 and obtained a title. The central legal question was whether the Galabos’ prior physical possession entitled them to protection against NQFC’s forcible entry, regardless of NQFC’s claim of ownership.

The factual backdrop reveals a protracted dispute. The Galabos had been on the land for decades, cultivating it and treating it as their own. NQFC, asserting its ownership based on the deed of sale and Nantin’s title, forcibly entered the property and began fencing it. This action prompted the Galabos to file a forcible entry case, arguing that they were deprived of their possession through force, intimidation, strategy, and stealth. The Municipal Trial Court in Cities (MTCC) and the Regional Trial Court (RTC) initially sided with NQFC, relying on the findings of the Board of Liquidators (BOL) regarding NQFC’s ownership. However, the Court of Appeals (CA) reversed these decisions, emphasizing the importance of prior physical possession in forcible entry cases. The Supreme Court, in this instance, affirmed the CA’s ruling, firmly establishing the principle that in a forcible entry case, the only issue is who had prior possession.

The Supreme Court underscored that the kind of possession relevant in forcible entry cases is **possession de facto**, which means actual or material possession, not possession based on ownership or title (**possession de jure**). The Court cited numerous precedents, including Pajuyo v. Court of Appeals, emphasizing that title is not the issue in such cases, and the absence of title does not justify withholding relief from a party who was forcibly ejected. It’s crucial to distinguish between possession as an attribute of ownership and actual physical possession, as they have different legal implications and remedies. The Court emphasized that even an owner cannot forcibly eject someone with prior possession; they must resort to legal means.

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.

The ruling clarifies the essential elements of a forcible entry case. The plaintiff must prove: (1) prior physical possession of the property; and (2) unlawful deprivation of that possession by the defendant through force, intimidation, strategy, threat, or stealth. The burden of proof lies with the plaintiff, who must establish their case by a preponderance of evidence. In this case, the Galabos successfully demonstrated that they had been in prior possession of Lot No. 102 and were forcibly ejected by NQFC.

NQFC’s reliance on the principle of **tacking of possession** was also deemed misplaced. The Court explained that while the law allows a present possessor to tack their possession to that of their predecessor-in-interest for purposes of prescription (acquiring ownership through long-term possession), this principle applies to possession de jure, not possession de facto, which is the relevant issue in forcible entry cases. The purpose of tacking possession is to complete the time required for acquiring or losing ownership, not to establish prior physical possession for a forcible entry claim.

While the issue of ownership can be relevant in a forcible entry case, it is only so when the question of possession cannot be resolved without deciding the issue of ownership. Section 16, Rule 70 of the Rules of Court provides that the issue of ownership shall be resolved in deciding the issue of possession if the question of possession is intertwined with the issue of ownership. However, this is an exception, and in the present case, the Court found that the issue of prior physical possession could be determined independently of the ownership dispute. NQFC focused on establishing its ownership rather than proving that it, or its predecessor, had been in actual possession of Lot No. 102.

Possession De Facto	Possession De Jure
Actual or material possession	Possession based on ownership or title
Relevant in forcible entry cases	Relevant in ownership disputes and prescription
Focus is on who had prior physical control	Focus is on who has the legal right to possess

Consequently, the Supreme Court denied NQFC’s petition and affirmed the CA’s decision, ordering NQFC to vacate Lot No. 102. The Court’s ruling serves as a strong reminder that even rightful owners must respect the existing possession of others and resort to legal means to recover property. It is paramount to maintain peace and order and prevent parties from taking the law into their own hands.

FAQs

What is forcible entry?	Forcible entry is a legal action to recover possession of a property from someone who took possession through force, intimidation, strategy, threat, or stealth. It focuses on prior physical possession, not ownership.
What is the main issue in a forcible entry case?	The primary issue is who had prior physical possession of the property before the alleged forcible entry occurred. Ownership is generally not the determining factor.
What is the difference between possession de facto and possession de jure?	Possession de facto refers to actual, physical possession of the property. Possession de jure refers to the legal right to possess the property, usually based on ownership or title.
Can an owner forcibly evict someone from their property?	No, even if someone owns the property, they cannot forcibly evict a person who is in prior physical possession. They must resort to legal means, such as an ejectment suit.
What does “tacking of possession” mean?	Tacking of possession allows a current possessor to add their period of possession to that of a previous possessor to meet the requirements for acquiring ownership through prescription, but does not apply in forcible entry.
What must a plaintiff prove in a forcible entry case?	The plaintiff must prove that they had prior physical possession of the property and that the defendant unlawfully deprived them of possession through force, intimidation, strategy, threat, or stealth.
When can ownership be considered in a forcible entry case?	Ownership can be considered only if the question of possession cannot be resolved without deciding the issue of ownership, as per Section 16, Rule 70 of the Rules of Court.
What is the significance of the Board of Liquidators (BOL) in this case?	The BOL’s findings regarding ownership were initially relied upon by the lower courts, but the Supreme Court clarified that ownership is not the primary issue in a forcible entry case.

The Nenita Quality Foods Corporation v. Galabo case underscores the importance of respecting established possession and resolving property disputes through legal channels. This ruling protects those with prior physical possession from forceful eviction, ensuring that even rightful owners must adhere to due process.

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: Nenita Quality Foods Corporation v. Galabo, G.R. No. 174191, January 30, 2013