Bonifacio Peidad, represented by

Maria Inspiracion Peidad-Danao vs.

Sps. Victorio Gurieza and Emeteria
M. Gurieza
G.R. No. : 207525. June 18, 2014
Ponente : Estela M. Perlas-Bernabe
Subject
: CIVIL (Unlawful Detainer)
FACTS:
Bonifacio alleged that he is the absolute
owner of a portion of land which he
acquired through intestate succession
from his father who inherited the same
from the latters parents Alejandro Piedad
and Tomasa Villaray. He claimed that his
ownership took place even before his
fathers death through a Deed of
Confirmation executed by Alejandro and
Tomasas legal heirs. Before migrating to
Hawaii, he built a bungalow on the
subject lot and appointed numerous
caretakers, the last being Sps. Gurieza.
However, Sps Gurieza declared under
their name the subject lot for tax
purposes, caused a subdivision survey
and filed an application for titling. Upon
learning of the Sps. Guriezas action,
Bonifacio through a representative filed a
protest before the DENR which deferred
further action on the Sps. Guriezas
application
before
it.
Thereafter,
Bonifacio sent his daughter Maria
Inspiracion Piedad-Danao to the country
to personally demand that Sps. Gurieza
vacate the subject lot unconditionally.
Instead of vacating the subject lot, Sps.
Gurieza defied Bonifacios demand and
asserted their ownership over the same.
Unable to settle the dispute with the
Brgy. Level, Bonifacio then filed his
complaint 5 months after his last
demand. MTC ruled in favor of Bonifacio
and ordered Sps. Gurieza to vacate the
subject lot and pay the former attorneys
fees and cost of suit. RTC affirmed the
MTC ruling in toto, CA by way of petition
for review reversed the RTC ruling and
ordered the dismissal of Bonifacios
Complaint for Unlawful Detainer and
Damages.
ISSUE:

Who between the parties has the better

right of possession de facto over the
subject lot.
HELD:
We rule in favor of Bonifacio. He had
clearly established his cause of action for
unlawful detainer.
1. Evidence shows that as early as the
1950s,
Bonifacio
already
had
possession of the subject lot and even
built a bungalow-type house thereon.
Despite migration to Hawaii, he never
relinguished
said
possession
by
appointing numerous caretakers, the
last being Sps. Gurieza. Consistent
with Article 52420 of the Civil Code, it
is well-settled that [i]t is not
necessary that the owner of a parcel
of land should himself occupy the
property as someone in his name may
perform the act. The Sps. Guriezas
stay on the subject lot was only made
possible through the mere tolerance
of Bonifacio.
2. When Bonifacio learned the Sps.
Guriezas
actions, he immediately
took steps to terminate their tolerated
stay on the subject lot and house and
demanded
that
they
leave
immediately, rendering the Sps.
Guriezas stay on the subject lot
illegal.
3. Sps. Gurieza asserted their ownership
over the subject lot and unlawfully
withhold possession of the same.
4. Bonifacio made his final demand and
unable to settle the dispute in the
Brgy. Level, he filed his complaint
within the 1 year period from his last
demand.
UNLAWFUL DETAINER is an action to
recover possession of real property
from one who unlawfully withholds
possession
thereof
after
the
expiration or termination of his right
to hold possession under any
contract, express or implied. Thus,
under Section 1, Rule 70 of the Rules of
Court, the complaint must be filed
within one (1) year after such
unlawful deprivation or withholding

of possession and must allege that:

(a) the defendant originally had lawful
possession of the property, either by
virtue of a contract or by tolerance of the
plaintiff; (b) eventually, the defendants
possession of the property became illegal
or unlawful upon notice by the plaintiff to
defendant of the expiration or the
termination of the defendants right of
possession; (c) thereafter, the defendant

remained in possession of the property

and deprived the plaintiff the enjoyment
thereof; and (d) within one (1) year from
the unlawful deprivation or withholding of
possession, the plaintiff instituted the
complaint for ejectment.
Digested by:
Jacqueline A. Llabado
April 22, 2015