G.R. No. 144116 -

Ruling

WHEREFORE, the Petition for Review is GRANTED. [T]he assailed decision of the Municipal Trial Court of San Mateo, Rizal dated August 1, 1996 in Civil Case No. 1163 which was affirmed by the Regional Trial Court of San Mateo, Rizal, Branch 77 in its decision dated September 16, 1998 is hereby REVERSED and accordingly SET ASIDE. Petitioner is furthermore awarded attorneys fees in the sum of P 10,000.00 [3] The assailed Resolution denied petitioners Motion for Reconsideration. The reversed Decision of the Regional Trial Court of San Mateo, Rizal (Branch 77) disposed as follows: WHEREFORE, judgment is hereby rendered DISMISSING the appeal. The Decision appealed from is hereby AFFIRMED IN TOTO. [4] The Facts The antecedents of the case are summarized by the Court of Appeals thus: Sometime in April 1995, [herein Petitioner] Cesar Montañez filed a complaint for forcible entry with damages against Nestor Mendoza before the Municipal Trial Court of San Mateo, Rizal. The complainant alleged, among other things, that: he has been in possession of a parcel of land situated at Sitio Lumbangan, Barangay Pintong Bukawe (formerly part of Maarat) San Mateo, Rizal consisting of more or less, six (6) hectares bounded on the east by property of Danilo Laceste, on the west by property of Herminia Ramos, on the north by a barangay road and on the south by property of Domingo Montañez; that since 1970, he and his family have lived on the said land cultivated the same by planting crops like ri[c]e, corn, camote, etc.; that the Community Environment and Natural Resources Office (CENRO) has certified that he is the actual occupant and possessor of the land in Sitio Lumbangan, Maarat, San Mateo, Rizal; that sometime in the middle of May 1994, [private respondent] Nestor Mendoza entered the land and dispossessed him and his family by force and intimidation; that [private respondent] and his goons destroyed standing crops and trees planted by private respondent. In his answer, [private respondent] denied the material allegations in the complaint and as affirmative defense, averred that he built his house in the land owned and titled in the name of Ramon Mendoza; that he was expressly authorized by the administrator to construct a house therein as shown by the Authority to Construct Residential House; that any and all plants, crops and other improvements that were then and up to now existing in the aforesaid land also belong to and/or were introduced thereat by the Mendoza family; that he did not employ armed goons as the land on which his house was constructed belonged to Ramon Mendoza and at no time did private respondent occupy said land. After the proceedings, the Municipal Trial Court rendered a decision in favor of the [petitioner], the dispositive portion of which reads: WHEREFORE, premises considered, judgment is hereby rendered in favor of plaintiff Cesar Montañez and against defendant Nestor Mendoza and all other persons claiming rights under him, as follo