Pag May Titulo, Parati Bang Panalo?
By Atty. Eugenio L. Riego II, LLB, MPA, REB
The Curious Case of Juan and the Beach Lot Drama
Juan, a proud and confident landowner of a beautiful beachside lot in Aklan, had long enjoyed the peace of owning titled land. He was so assured of his ownership that when his loyal caretaker, Pedro, asked if his family could build a small house on a portion of the property, Juan casually waved his hand and said, “Sure, basta huwag lang palakihin masyado, para hindi mukhang subdivision.”
Years passed, and Juan’s peace was suddenly shattered by shocking tsismis—not just any gossip, but that Pedro’s brother, Pedrones, had tried to sell the land! With veins popping like land titles during amnesty, Juan rushed to confront Pedro, demanding that he and his family vacate the property immediately.
To Juan’s surprise, Pedro refused. He claimed rightful possession of the land—and even had the audacity to offer a piece of lechon as a peace offering.
Enraged, Juan filed an unlawful detainer case against Pedro, fully confident that his title guaranteed victory. “I am the registered owner,” he declared. “I will never lose.”
But… is it really impossible for a landowner to lose a case involving his own property?
The Legal Answer (Spoiler: It’s Not That Simple)
Juan’s confidence, while understandable, needs a reality check.
In Philippine jurisprudence, ownership does not always guarantee victory in ejectment cases. Just because you have a land title doesn’t mean you’ll automatically win—especially if you filed the wrong type of case.
In an unlawful detainer case, the key issue is not ownership. Instead, it’s about whether the possession of the land became unlawful due to the expiration or revocation of a lawful stay granted by the owner. This is called possession by mere tolerance.
What does this mean for Juan?
If Pedro’s stay on the land was not by mere tolerance from the beginning, or if Juan can’t prove that he recently revoked Pedro’s right to stay, then Juan’s case for unlawful detainer won’t work. Instead, he should have filed a different case: accion publiciana—a longer and more complex case for recovering possession of a property.
What Does the Supreme Court Say?
In the case of Javelosa v. Tapus, the petitioner was the registered owner of a property. He had allowed occupants to stay, but years later, he wanted them evicted and filed an unlawful detainer case, claiming their stay was only by tolerance.
The Supreme Court’s Ruling:
The Supreme Court ruled against the landowner and dismissed the unlawful detainer case. The Court explained:
“For unlawful detainer to prosper, the plaintiff must prove that the defendant’s possession of the property was initially lawful, arising from the owner’s tolerance, and that it became unlawful upon the owner’s demand to vacate.”
In this case, the petitioner failed to prove that the occupants were initially allowed to stay by mere tolerance. Without that proof, the right legal remedy wasn’t unlawful detainer but accion publiciana, which is filed before the Regional Trial Court (not the Municipal Trial Court).
In short: If you file the wrong case, you don’t win.
The Lighthearted Advice
So, dear readers, what’s the lesson here?
Being a registered owner is like being the favorite child—it comes with privileges, but also responsibilities (and paperwork nightmares). Like Juan, you might think, “I have the title, I have the power!”—but courts don’t decide cases based on confidence alone.
Key Takeaways:
✔ Choose the right legal remedy. If possession wasn’t clearly by tolerance, an unlawful detainer case won’t work. You may need accion publiciana instead.
✔ Know the risks. Filing the wrong case is like launching a TikTok career with no followers—it’s doomed from the start.
✔ Seek legal advice. When faced with land drama, don’t just wave your title like a lightsaber. Consult a competent lawyer—preferably someone who understands the difference between usurpation, possession, and the P20 per square meter barangay tax.
Till next issue, stay safe, stay smart!
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