Spouses Nino and Jacki Presco

Lot 1, Block 2, Hukom Street, Justice Village

Poblacion, Muntinlupa City

Dear Mr. and Mrs. Presco,

Here is the opinion that you requested.
The facts, according to your statements, are as follows:
You are registered owners of the subject lot located at Lot 1, Block 2, Hukom Street, Justice
Village, Poblacion, Muntinlupa City titled TCT No. T-12345, with a market value of
PHP1,250,000 and an assessed value of PHP750,000 and an area of 500 sq.m.
You acquired said lot on June 17, 2011 via a Deed of Absolute Sale. However, upon a
relocation survey conducted last July 1, 2017, you have discovered that Lot 2 encroached the
frontage of Lot 1 by 2.88 meters eventually forming an overlap of 36.00 sq.m. The overlap was
apparent as a building and a concrete fence was built beyond the property line. Said overlap existed
since 2009 when the improvement was made by the adjacent owner – Princess Diana Villadolid.
Lot 2 is covered by TCT No. T-67890 and is owned by and registered in the name of
Princess Diana Villadolid as shown in the Declaration of Real Property issued by the Office of
City Acessor in Muntinlipa City. You sent a demand letter to her to vacate the encroached parcel
of land last November 30, 2017; however, such demand letter was ignored by Ms. Villadolid. The
matter was referred to the Lupon ng Tagapmayapa but no settlement was reached.
In my opinion, the remedy appropriate would be filing a civil case against Ms. Villadolid
in order to recover the possession of your property through an accion reivindicatoria.
I base my opinion on the following:
Accion Reivindicatoria is an action whereby plaintiff alleges ownership over a parcel of
land and seeks recovery of its full possession1. According to the Civil Code, in Article 434, in an
action to recover, the property must be identified, and the plaintiff must rely on the strength of his
title and not on the weakness of the defendant's claim. So, in order for the case to prosper, we must
(1) identify the land; and (2) prove the title. By proving ownership to the subject overlap of the
land through accion reivindicatoria, a favorable decision by the court will grant you possession of
the encroached portion.
As per your letter, your land is located at Lot 1, Block 2, Hukom Street, Justice Village,
Poblacion, Muntinlupa City as described in TCT No. T-12345 which was submitted with your
letter. The same said title also states that the subject lot is registered in your respective names –
Nino and Jackie Presco as owners of such land.

1
Spouses Caezo v. Spouses Bautista, GR No. 170189
 The identity of the land is further established by the Survey Report last July 1, 2017 which
revealed that
“… [T]he frontage of Lot 1, the adjoining lot on the south side should only
be 13.00 m but appeared to be 15.88 m, thereby appearing that Lot 2 has encroached
Lot 1 by 2.88 m. eventually forming an overlap of 36.00 sq.m” (Emphasis supplied)
Lot 2 is aptly described in TCT No. T-67890 which also substantiates your claim to the
encroached area.
However, it must be noted that generally, the adjudication of ownership does not include
the possession of the property2. It means that even if the court decides in your favor, possession of
the overlapped property would not automatically be granted to you.
However, as an exception, the adjudication of ownership would include the delivery of
possession if the defeated party has not shown any right to possess the land independently of his
claim of ownership which was rejected3. Therefore, if Ms. Villadolid would not be able to show
any right to possess the overlapped area, then the adjudication of ownership in your favor would
also include your right to possess the disputed area.
These are your remedies under the law and settled judicial precedents as based on the letter
you sent me. Please let me know if I can be of further assistance and service to you with regard to
this matter.
Sincerely,
JOSIAH DAVID F. QUISING

2
Olego v. Hon. A. Rebueno, GR No. L-39350
3
Id