G.R. No. 204926 - ANACLETO C. MANGASER, REPRESENTED BY HIS ATTORNEY-IN-FACT EUSTAQUIO DUGENIA, VS. DIONISIO UGAY.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the plaintiff (petitioner) having failed to establish his case by preponderance of evidence, the complaint is hereby DISMISSED. [7] RTC Ruling Aggrieved, petitioner appealed to the Regional Trial Court of Bauang, La Union (RTC) and the case was raffled to Branch 33. In its August 23, 2011 Decision, [8] the RTC reversed the MTC decision and ruled in favor of petitioner. It relied on the cases of Barba v. Court of Appeals [9] and Nunez v. SLTEAS Phoenix Solutions, Inc ., [10] which held that in ejectment cases, possession of the land did not only mean actual or physical possession but also included the subject of the thing to the action of one's will or by the proper acts and legal formalities established for acquiring such right. The RTC stated that petitioner had clearly shown his possession of the property as evidenced by his OCT No. RP-174(13789) issued in March 1987 and tax declaration, dating back as early as 1995. [11] It added that the boundaries of the property were clearly indicated in the title, thus, there was no need to conduct a survey. As the owner, petitioner knew the exact metes and bounds of his property so that when respondent intruded stealthily, he filed the subject suit. [12] The dispositive portion of the RTC decision reads: WHEREFORE, after a thorough perusal of the facts and evidence in this case, this Court reverses the decision of the MTC, Caba, La Union, dated April 26, 2011 and rules in favor of plaintiff­ appellant (petitioner) and against defendant-appellee (respondent), ordering the latter and all other persons claiming rights under him to: VACATE the portion of the subject property encroached by him; SURRENDER actual physical possession of the subject portion peacefully to plaintiff-appellant; REMOVE all the improvements he introduced therein; PAY attorney's fees in the amount Php20,000.00 to plaintiff-appellant, and pay the cost of suit. SO ORDERED.