G.R. No. 242837 - EUFROCINA RIVERA, VS. ROLANDO G. VELASCO.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, the requisites of an action for forcible entry were not met in the instant case. The MTC Ruling On July 6, 2015, the MTC rendered a Decision [21] in petitioner's favor. It reasoned that petitioner was able to establish her prior physical possession of the titled lands since 1992, as evidenced by the Barangay Certification [22] dated January 26, 2003 issued by Barangay Captain Gerardo A. Quijano; that such prior possession is likewise supported by a CENRO Report [23] dated August 25, 2003; and that she is the owner of the portion of the subject property being occupied by respondent. As between petitioner who had been in possession of the land since 1992 and respondent who claimed to have possessed the same only sometime in 1995, the MTC decreed that the former must prevail. [24] The MTC likewise rejected respondent's defense that petitioner acquired her titles to the lands in question through fraud because the same amounts to a collateral attack on Torrens titles which is not allowed. [25] In fine, the MTC disposed: WHEREFORE , in view of the foregoing, judgment is hereby rendered in favor of the plaintiff Eufrocina G. Rivera and against the defendant Rolando G. Velasco, as follows: Ordering the defendant Rolando G. Velasco and all persons claiming rights under his authority to peacefully evict and vacate the parcels of land situated in Brgy. Rio Chico, General Tinio, Nueva Ecija, covered by Katibayan ng Orihinal na Titulo Blg. P-27012, Katibayan ng Orihinal na Titulo Blg. P-27013, and the Katibayan ng Orihinal na Titulo Blg. P-27014 of the Registry of Deeds for the Province of Nueva Ecija , and to turn over the physical possession thereof to the plaintiff; Ordering the defendant Rolando G. Velasco to pay reasonable rent for the use and occupation of the subject properties in the amount of Five Thousand Pesos (Php 5,000.00) , per month commencing on June 21, 2014, until he and/or all person claiming rights under him finally vacate and surrender the physical possession of the subject properties to the plaintiff; Ordering the defendant Rolando G. Velasco to pay the plaintiff attorney's fees in the amount of TWENTY THOUSAND PESOS (Php 20,000.00) ; Ordering the defendant Rolando G. Velasco to pay the plaintiff the cost of this suit in the amount of Php 2,245.00 . SO ORDERED.