"x x x.
There is no question that the holder of a Torrens title is the rightful owner of the property thereby covered and is entitled to its possession.30 However, the Court cannot ignore that the statements in the petitioner’s complaint about the respondent’s possession of the disputed property being by the mere tolerance of Eliseo could be the basis for unlawful detainer. Unlawful detainer involves the defendant’s withholding of the possession of the property to which the plaintiff is entitled, after the expiration or termination of the former’s right tohold possession under the contract, whether express or implied. A requisite for a valid cause of action of unlawful detainer is that the possession was originally lawful, but turned unlawful only upon the expiration of the right to possess.
To show that the possession was initially lawful, the basis of such lawful possession must then be established. With the averment here that the respondent’s possession was by mere tolerance of the petitioner, the acts of tolerance must be proved, for bare allegation of tolerance did not suffice. At least, the petitioner should show the overt acts indicative of her or her predecessor’s tolerance, or her co-heirs’ permission for him to occupy the disputed property.31 But she did not adduce such evidence. Instead, she appeared to be herself not clear and definite as to his possession of the disputed property being merely tolerated by Eliseo, as the following averment of her petition for review indicates:
6.9. Their ignorance of the said transaction of sale, particularly the petitioner, as they were not duly informed by the vendor-co[-]owner Eliseo Quijano, [led] them to believe that the respondent’s occupancy of the subject premises was by mere tolerance of Eliseo, so that upon partition of the whole property,said occupancy continued to be under tolerance of the petitioner when the subject premises became a part of the land adjudicated to the latter;32(emphasis supplied) In contrast, the respondent consistently stood firm on his assertion that his possession of the disputed property was in the concept of an owner, not by the mere tolerance of Eliseo, and actually presented the deeds of sale transferring ownership of the property to him.33
Considering that the allegation of the petitioner’s tolerance of the respondent’s possession of the disputed property was not established, the possession could very well be deemed illegal from the beginning. In that case, her action for unlawful detainer has to fail.34 Even so, the Court would not be justified to treat this ejectment suit as one for forcible entry because the complaint contained no allegation thathis entry in the property had been by force, intimidation, threats, strategy or stealth.
x x x."
See:
G.R. No. 164277, October 8, 2014
FE U. QUIJANO, Petitioner,
vs. ATTY. DARYLL A. AMANTE, Respondent.
vs. ATTY. DARYLL A. AMANTE, Respondent.
