G.R. No. 215166 - EDGAR M. RICO, VS. ERNIE "TOTO" CASTILLO, PIFIANO JUMO, GERRY VILLEGAS, ALFRANCE ALICANTE, FELIX YAGAO, JOHN DOES, AND MARILOU LOPEZ A.K.A. MA. LORETO V. ABELLA-LOPEZ.

Ruling

Accordingly, the CA erred in giving due course to the Petition for Certiorari filed by respondents Ernie "Toto" Castillo and Pifiano Jumo, members of the Philippine National Police; Gerry Villegas of the City Engineer's Office assigned to the City Demolition Team; Alfrance Alicante, Felix Yagao, Marilou Lopez, also known as Ma. Loreto V. Abella-Lopez, and John Does (Castillo et al.). In any event, it is well-settled that in forcible entry cases, the complainants need only to prove prior physical possession and not their legal entitlement to such possession. In addition, a favorable judgment in an unlawful detainer suit does not permit the plaintiff to resort to violence to eject the respondent. Before the Court is a Petition for Review on Certiorari [1] assailing the Decision [2] and Resolution [3] of the CA, which reversed the Decision [4] of the RTC affirming the Decision [5] of the Municipal Trial Court in Cities (MTCC). The MTCC ordered Castillo et al., as well as Charles Suan, Perlito Sobiono, Mendoza Shuille Soli, Ricky Monib, and John Camiguin, to vacate the disputed parcel of land located in Barangay Matina, Davao City, identified as Lot 1957, Cad. 102 (Lot 1957). [6] On January 30, 2006, petitioner Edgar M. Rico (Rico) filed a Complaint for forcible entry [7] against Castillo et al. and some John Does. [8] Rico claimed that he was the Free Patent applicant of the 11,015-square meter portion of Lot 1957, [9] and that Castillo et al., on the instructions of respondent Marilou Lopez (Lopez), forcibly entered his portion of Lot 1957 by destroying the steel gate and demolishing the structures on October 11, 2005. [10] On the other hand, Milagros Villa-Abrille (Villa-Abrille), represented by Lopez, maintained that Lot 1957, including the portion claimed by Rico, is registered in her name under Transfer Certificate of Title (TCT) No. T-19416. [11] She merely leased a 1,500-square meter portion of Lot 1957 to Rico for a monthly rental of PHP 20,000.00, as provided in their duly signed and notarized Contract of Lease. [12] However, Rico refused to vacate her property upon expiry of the lease. [13] Consequently, Villa-Abrille filed a Complaint for unlawful detainer against Rico, docketed as Civil Case No. 10,033-C-D-01, before the MTCC. [14] The MTCC decided in her favor and ordered Rico to vacate the property. [15] This Decision was later affirmed by the CA and this Court. [16] However, this Decision was never enforced. [17] In the meantime, on January 9, 2001, Rico filed an application for Free Patent with the Department of Environment and Natural Resources over the parcel of land he previously rented from Villa-Abrille, representing that the lot was still alienable and disposable. [18] In its November 8, 2006 Decision, the MTCC granted Rico's Complaint for forcible entry in Civil Case No. 18,988-C-D-06, ruling as follows: WHEREFORE , judgment is rendered ordering herein defendants and persons acting in their stead to: a) vacate the subject prem