The Supreme Court has ruled that an action for unlawful detainer is not the proper remedy when the defendant’s possession of the property was contested from the beginning. In Spouses Golez vs. Heirs of Bertuldo, the Court emphasized that unlawful detainer requires initial lawful possession by the defendant, which is permitted by the owner, followed by an unlawful withholding of possession after demand. Since the heirs of Bertuldo admitted that Domingo Bertuldo protested the construction from the start, the element of ‘tolerance’ was missing, thus nullifying their claim for unlawful detainer. This decision clarifies the prerequisites for an unlawful detainer case and protects possessors from improper eviction actions.

From Protest to Possession: Can ‘Tolerance’ Be Claimed?

The case revolves around two adjacent unregistered parcels of land, Lot 1024 and Lot 1025, in Roxas, Capiz. In 1976, Benito Bertuldo sold Lot 1024 to Asuncion Segovia, acting on behalf of her daughter, Susie Golez. However, the Spouses Golez mistakenly built their house on Lot 1025, which Domingo Bertuldo, Benito’s cousin, claimed was his property. Domingo protested the construction, but the Spouses Golez assured him they were building on Lot 1024. The central legal question is whether Domingo’s initial protest prevents his heirs from later claiming ‘tolerance’ as a basis for an unlawful detainer suit when the Spouses Golez refused to vacate the land after a relocation survey confirmed their house stood on Lot 1025.

The legal battle began when the heirs of Domingo Bertuldo filed an action for unlawful detainer against the Spouses Golez after discovering the misplacement of the house in 1993. The Spouses Golez countered that the action should be dismissed because Domingo had protested the construction from the start, negating any claim of tolerance, which is essential for an unlawful detainer case. The Municipal Circuit Trial Court (MCTC) initially ruled in favor of the Bertuldo heirs, ordering the Spouses Golez to vacate the property and pay rent. The MCTC reasoned that the Spouses Golez’s possession was initially lawful due to their mistaken belief that they had purchased Lot 1025, but became unlawful when the Regional Trial Court (RTC) ruled against them in a separate quieting of title case.

However, the RTC affirmed the MCTC’s decision, emphasizing that Domingo had not tolerated the construction because the Spouses Golez had misled him about the location of their house. The Court of Appeals (CA) also sided with the Bertuldo heirs, dismissing the Spouses Golez’s appeal. Dissatisfied, the Spouses Golez elevated the case to the Supreme Court, arguing that the unlawful detainer case was improper because the Bertuldo heirs’ claim of ownership was negated by their application for a free patent over Lot 1025. They also contended that the CA should have awaited the Department of Environment and Natural Resources (DENR) resolution on the free patent application.

The Supreme Court granted the petition, emphasizing the requirements for a valid unlawful detainer case. The Court referred to Section 1, Rule 70 of the Revised Rules of Court, which specifies that unlawful detainer applies when possession is unlawfully withheld after the expiration or termination of the right to hold possession, typically based on a contract. The critical distinction between forcible entry and unlawful detainer lies in the nature of the defendant’s entry into the land. Forcible entry involves illegal occupation from the beginning, while unlawful detainer involves initially lawful possession that later becomes illegal. The Court referenced Sarona, et al. v. Villegas, et al., underscoring that tolerance must be present right from the start to categorize a cause of action as unlawful detainer.

Professor Arturo M. Tolentino states that acts merely tolerated are “those which by reason of neighborliness or familiarity, the owner of property allows his neighbor or another person to do on the property; they are generally those particular services or benefits which one’s property can give to another without material injury or prejudice to the owner, who permits them out of friendship or courtesy.”

In analyzing the allegations in the Bertuldo heirs’ complaint, the Supreme Court found a critical contradiction. The complaint stated that Domingo Bertuldo had protested the construction of the house on Lot 1025 from the outset. This directly contradicted the requirement that the defendant’s possession was initially legal and permitted by the owner. The Court noted that since Domingo did not tolerate the possession, the complaint failed to state a cause of action for unlawful detainer, thus depriving the MCTC of jurisdiction.

Even assuming the complaint had sufficiently stated a cause of action, the Bertuldo heirs failed to prove that they or Domingo tolerated the Spouses Golez’s possession based on any express or implied contract. The Court cited Spouses Valdez v. Court of Appeals, which stated that acts of tolerance must be present from the start of possession for an unlawful detainer action to be justified. Since the Spouses Golez’s possession was deemed illegal from the beginning, the correct action would have been for forcible entry, which had already prescribed, as the Spouses Golez entered the property in 1976.

The Supreme Court clarified that because the action for forcible entry had prescribed, the Bertuldo heirs could pursue an accion publiciana, a plenary action to recover the right of possession brought to the Regional Trial Court when dispossession has lasted more than one year. Accion publiciana determines the better right of possession independently of title. Therefore, the Supreme Court reversed the CA’s decision, dismissing the unlawful detainer complaint and clarifying the proper legal avenues for the Bertuldo heirs to pursue their claim.

FAQs

What was the key issue in this case?	The key issue was whether the heirs of Domingo Bertuldo could bring an action for unlawful detainer against the Spouses Golez, given that Domingo had protested the construction of their house on his property from the beginning.
What is unlawful detainer?	Unlawful detainer is a legal action to recover possession of property from someone who initially had lawful possession but whose right to possession has expired or been terminated. It requires that the defendant’s initial possession was permitted by the owner.
Why was the unlawful detainer action dismissed in this case?	The unlawful detainer action was dismissed because the Supreme Court found that the element of ‘tolerance’ was missing. Domingo Bertuldo’s initial protest against the construction meant that the Spouses Golez’s possession was never lawful or permitted.
What is the difference between forcible entry and unlawful detainer?	Forcible entry involves illegal occupation of property from the beginning, while unlawful detainer involves initially lawful possession that later becomes illegal. The nature of the entry determines which action is appropriate.
What is ‘accion publiciana’?	Accion publiciana is a plenary action to recover the right of possession of property when dispossession has lasted for more than one year. It is brought to the Regional Trial Court and determines the better right of possession independently of title.
What did the Supreme Court rule in this case?	The Supreme Court ruled that the unlawful detainer action was improper because the Spouses Golez’s possession was never tolerated. The Court reversed the Court of Appeals’ decision and dismissed the complaint.
What other legal action could the Bertuldo heirs take?	Since the action for forcible entry had prescribed, the Bertuldo heirs could pursue an accion publiciana in the Regional Trial Court to establish their right to possess the property.
What is the significance of ‘tolerance’ in unlawful detainer cases?	‘Tolerance’ signifies that the owner initially permitted the defendant to possess the property, either expressly or impliedly. Without tolerance, an unlawful detainer action cannot stand, as the possession must have been lawful at its inception.

This case serves as a crucial reminder of the specific requirements for unlawful detainer actions and underscores the importance of establishing initial lawful possession through tolerance. It provides clarity on the appropriate legal remedies available when possession is contested from the outset and highlights the distinctions between forcible entry, unlawful detainer, and accion publiciana, thereby guiding future property disputes.

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: Spouses Golez vs. Heirs of Bertuldo, G.R. No. 201289, May 30, 2016