G.R. No. 2973: Juan Muyco v. Pedro Montilla et al

FACTS:
– Juan Muyco claimed adverse possession over five parcels in Ayungon, Valladolid.
– He alleged that on several dates in July‑August 1904 the defendants (Pascual Infante, Francisco Infante, Pedro Montilla and others) entered, ploughed and occupied the land, causing damages of ₱2,500.
– Defendants contended the parcels formed part of the Hacienda Ayungon, mortgaged in 1899 to Teófilo Planta. After a 1903 judgment against the debtors (Bernabela Jaducon and José Bellido), the land was sold at public auction on 7 August 1903 to a purchaser who transferred it to Pascual Infante (₱3,300). Later, Pedro Montilla acquired a portion from Jaducon. The sheriff accordingly gave possession to the assignees in August 1903.
– Muyco, aware of the sale, did not intervene in the execution. In August 1904 he filed a forcible‑entry and detainer action to recover possession, asserting spoliation.
– The trial court ruled for Muyco; the defendants appealed.

ISSUE:
Whether the plaintiff’s forcible‑entry and detainer suit is proper, given that the land had been lawfully disposed of through execution of a judgment and that the plaintiff had not employed the remedies prescribed under the Civil Code and the Act No. 190 governing execution.

RULING:
The Supreme Court held that Muyco’s remedy was not a possession action but the statutory recourse under §§ 442 and 451 of the Code of Civil Procedure relating to the enforcement of the judgment. The sheriff’s sale and subsequent delivery of possession to the bona‑fide purchasers complied with law; Muyco’s failure to intervene or to seek relief under the execution statutes barred his claim. Consequently, the trial court’s judgment was “plainly and manifestly against the weight of the evidence.” The Court reversed, dismissed the complaint, absolved the defendants of liability, and reserved to the plaintiff the right to pursue a separate action to contest title.

(Concurrences: Arellano C.J., Johnson J., Willard J., Tracey J.; Dissent: Carson J.)