The Supreme Court held that in an ejectment suit, the person who committed the acts of forcible entry and remains in possession of the property is the proper defendant, regardless of ownership claims. This ruling clarifies that the core issue is the right to physical possession, not property rights, which means those who unlawfully enter and occupy land are the ones who should be sued, ensuring immediate possessory disputes are resolved swiftly.

Whose Land Is It Anyway? Examining Possession in Ejectment Disputes

This case revolves around a dispute over land in Apayao, where Spouses Sison and Venancio Wadas filed a forcible entry complaint against the Vicar Apostolic of Mountain Province, represented by Fr. Gerry Gudmalin. The respondents claimed that Fr. Gudmalin ordered the demolition of their fences to expand church property, thereby dispossessing them. The Apostolic Vicar of Tabuk, Inc. (Vicariate of Tabuk) then intervened, asserting ownership of the land and claiming they were not properly impleaded in the case. The central legal question is whether the MCTC erred in not including the Vicariate of Tabuk as a defendant, given their claim of ownership, and whether the action for annulment of judgment was the proper remedy.

The Regional Trial Court (RTC) initially denied a motion to dismiss the Vicariate of Tabuk’s petition for annulment of judgment, but later reversed its decision, leading to the Supreme Court review. The Supreme Court emphasized that the nature of an ejectment suit focuses primarily on possession de facto, rather than ownership. This means that the court is concerned with who has the actual physical control and enjoyment of the property, not who holds the title. The Court underscored that ownership is only provisionally determined to resolve the issue of possession. This provisional determination does not bar a subsequent action to resolve the issue of ownership.

The Court differentiated between “failure to state a cause of action” and “lack of a cause of action.” Failure to state a cause of action concerns the sufficiency of the allegations in the complaint, while lack of a cause of action pertains to the insufficiency of factual or legal basis to support the complaint. In this case, the Supreme Court noted that while the RTC initially erred in dismissing the petition for “failure to state a cause of action,” it ultimately affirmed the dismissal because the petition lacked substantial merit.

The Supreme Court cited Chua v. Court of Appeals, emphasizing that in an ejectment suit, “the sole issue is the right of physical or material possession over the subject real property independent of any claim of ownership by the parties involved.” The Court added that ownership over the property is immaterial and is only passed upon provisionally for the limited purpose of determining which party has the better right to possession. This underscores the limited scope of inquiry in ejectment cases.

Furthermore, the Court highlighted that an ejectment suit for Forcible Entry (detentacion) aims to protect the person who had prior physical possession against another who unlawfully entered the property. The proper defendant is the person who committed the acts amounting to forcible entry and remains in possession of the subject property. In this case, it was alleged that Fr. Gerry Gudmalin, acting for the Vicar Apostolic of Mountain Province, forcibly entered the property. Therefore, the Vicariate of Mt. Province was correctly impleaded as the defendant.

Moreover, the Court pointed out that ejectment suits are actions in personam, binding only on parties properly impleaded and given the opportunity to be heard. Since the judgment was rendered against Fr. Gudmalin and the Vicar Apostolic of Mountain Province, the petitioner Vicariate of Tabuk could only be bound if it were a trespasser, squatter, agent, guest, transferee, sub-lessee, co-lessee, or a family member of the defendants. Since the judgment was not rendered against the petitioner, it lacks the legal standing to seek annulment of the judgment.

The Court clarified that the Vicariate of Tabuk is not without a remedy. It can pursue an accion reinvindicatoria, a plenary action to resolve the issue of ownership thoroughly. Such an action would allow a full-blown trial to determine the rightful owner and grant complete reliefs to the proper parties. The Supreme Court emphasized that the MCTC judgment in the ejectment case did not prejudice the petitioner’s right to assert its ownership claim in a separate, appropriate action.

FAQs

What was the key issue in this case?	The key issue was whether the Apostolic Vicar of Tabuk, Inc. could seek annulment of a judgment in an ejectment case where it was not a party, despite claiming ownership of the land in question. The court focused on whether the Vicariate was the proper party to implead in an ejectment case focused on possession.
What is an ejectment suit?	An ejectment suit is a legal action to recover the right to possess real property. It is focused on who has the right to physical possession, not necessarily who owns the property.
Who is the proper defendant in an ejectment suit?	The proper defendant is the person who committed the acts of forcible entry and remains in possession of the property. This is because the suit aims to restore possession to the rightful party.
What is the difference between “failure to state a cause of action” and “lack of a cause of action”?	Failure to state a cause of action concerns the sufficiency of the allegations in the complaint. Lack of a cause of action pertains to the insufficiency of factual or legal basis to support the complaint.
What is an accion reinvindicatoria?	An accion reinvindicatoria is a plenary action to recover ownership of real property. It allows for a full-blown trial to determine the rightful owner and grant complete reliefs.
Why couldn’t the Apostolic Vicar of Tabuk seek annulment of the MCTC judgment?	The Vicariate was not a party to the original ejectment case. Since the judgment was rendered against a different entity, the Vicariate lacked the legal standing to seek annulment.
What remedy is available to the Apostolic Vicar of Tabuk?	The Vicariate can file an accion reinvindicatoria to assert its ownership claim over the property. This allows the issue of ownership to be fully litigated.
Is ownership the main issue in an ejectment case?	No, ownership is not the main issue. The focus is on the right to physical possession. Ownership is only provisionally determined to resolve the issue of possession.

In conclusion, the Supreme Court’s decision reinforces the principle that in ejectment suits, possession is the key determinant, separate from ownership considerations. The Vicariate of Tabuk, while claiming ownership, could not seek annulment of the judgment because it was not a party to the original suit. However, the Court clarified that the Vicariate retains the right to pursue an accion reinvindicatoria to assert its ownership claim, thus offering a pathway to resolve the broader property rights issue.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Apostolic Vicar of Tabuk, Inc. v. Spouses Sison, G.R. No. 191132, January 27, 2016