GR L 2587; (January, 1906) (Digest)
FACTS:
Plaintiff-appellee Carmelo Flor Bago filed an action for forcible entry against defendant-appellant Dominga Garcia to recover possession of a parcel of land in Santa Barbara, Pangasinan. Bago alleged he was the owner and had been in quiet, peaceable possession for several years until Garcia, through her son, forcibly dispossessed him. Garcia claimed ownership and prior possession of the same land. The justice of the peace ruled in favor of Bago. On appeal, the Court of First Instance also ruled that Bago was entitled to possession. Garcia appealed to the Supreme Court.
ISSUE:
Whether the Court of First Instance correctly ruled in favor of the plaintiff in an action for forcible entry under Section 80 of the Code of Procedure in Civil Actions.
RULING:
Yes, the judgment of the lower court is affirmed. The Supreme Court found a preponderance of evidence showing that the defendant did forcibly dispossess the plaintiff of the land. In an action for forcible entry, the only issue is the physical possession of the property (possession de facto). The plaintiff’s prior peaceable possession, subsequently disturbed by the defendant’s force, is sufficient for restitution. The defendant is not justified in taking the law into her own hands to eject the plaintiff. Her remedy, if she claims a better right, is to institute a separate action to establish title and recover possession judicially. This decision is without prejudice to such an action. Costs against the defendant.