In Hidalgo v. Velasco, the Supreme Court reiterated the crucial elements required to establish a case of unlawful detainer, emphasizing that a complaint must explicitly allege that the initial possession was by contract or tolerance of the plaintiff. The Court affirmed the dismissal of Pablo Hidalgo’s ejectment suit against Sonia Velasco because his complaint failed to assert that Velasco’s occupation of the property was initially permitted or tolerated by him. This decision underscores the importance of clearly articulating the basis of possession in ejectment cases, ensuring that courts have the proper jurisdictional foundation to resolve such disputes.

Possession Predicaments: When Tolerance Is Not Pleaded

The case revolves around a 352-square-meter residential land in Narvacan, Ilocos Sur. Pablo Hidalgo claimed ownership through a Deed of Donation from Juana H. Querubin in 2000. However, upon visiting the property in 2005, Hidalgo discovered Sonia Velasco in possession. After his demands to vacate were rebuffed, Hidalgo filed a complaint for unlawful detainer with damages in the Municipal Circuit Trial Court (MCTC). Velasco countered that the MCTC lacked jurisdiction, arguing that Josefina Reintegrado Baron, from whom she derived her rights, was not impleaded, the one-year filing period was not met, and Hidalgo was guilty of laches.

The MCTC initially upheld its jurisdiction and ruled in favor of Hidalgo, but the Regional Trial Court (RTC) reversed this decision, noting that Hidalgo’s complaint failed to allege that Velasco’s possession was by virtue of an express or implied contract that had expired or terminated. The Court of Appeals (CA) affirmed the RTC’s decision, emphasizing that the complaint did not assert that Hidalgo permitted or tolerated Velasco’s occupation. This failure to allege the key jurisdictional facts constitutive of unlawful detainer was fatal to Hidalgo’s case.

The Supreme Court (SC) in G.R. No. 202217 addressed whether the complaint sufficiently established a case for unlawful detainer. The SC highlighted that jurisdiction in ejectment cases hinges on the allegations in the complaint aligning with the actions defined in Section 1, Rule 70 of the Rules of Court, which includes forcible entry and unlawful detainer. As the Court noted, “what determines the nature of an action, as well as the court which has jurisdiction over it, are the allegations in the complaint.” This underscores the significance of precisely framing the cause of action to ensure the proper court can exercise jurisdiction.

The SC referred to Cabrera v. Getaruela, which outlines the essential recitals for a valid unlawful detainer complaint. These include: (1) initial possession by contract or tolerance; (2) subsequent illegality of possession upon notice of termination; (3) continued possession depriving the plaintiff of enjoyment; and (4) filing the complaint within one year from the last demand to vacate.

These averments are jurisdictional and must appear on the face of the complaint.

In Hidalgo’s case, the complaint failed to assert that Velasco’s possession was initially by Hidalgo’s contract or tolerance. Therefore, the MCTC lacked jurisdiction. This requirement is critical because unlawful detainer presumes an initially lawful possession that becomes unlawful upon the expiration or termination of the right to possess. Without this foundational element, the action cannot be sustained as unlawful detainer.

The Court also considered whether the complaint could be construed as one for forcible entry, which involves possession obtained unlawfully from the start. The SC referenced Zacarias v. Anacay, emphasizing that the allegations in Hidalgo’s complaint seemed more aligned with forcible entry, as it indicated Velasco entered the land without Hidalgo’s consent.

The bare allegation of petitioner that ‘sometime in May, 2007′ she discovered that the defendants have entered the subject property and occupied the same,’ as correctly found by the MCTC and CA, would show that respondents entered the land and built their houses thereon clandestinely and without petitioner’s consent, which facts are constitutive of forcible entry, not unlawful detainer.

However, even if treated as forcible entry, the action would still fail because it was filed beyond the one-year prescriptive period. Nuñez v. Slteas Phoenix Solutions, Inc. clarifies that the one-year period for forcible entry begins from the date of actual entry, or from the discovery of entry if it was done stealthily. Since Hidalgo discovered Velasco’s entry in January 2005 but filed the complaint in December 2006, the action was time-barred.

The Supreme Court further highlighted the distinction between actions for unlawful detainer and those concerning ownership. In cases where the allegations do not sufficiently establish forcible entry or unlawful detainer, the appropriate remedies are either accion publiciana (recovery of the right to possess) or accion reinvindicatoria (recovery of ownership). These actions must be filed before the proper Regional Trial Court, which has the necessary jurisdiction to resolve questions of ownership and broader possessory rights.

In essence, the SC’s decision reinforces the principle that clear and precise pleading is essential for establishing jurisdiction in ejectment cases. The failure to adequately allege the basis of possession—whether by contract, tolerance, or unlawful entry—can be fatal to the action. Litigants must ensure their complaints accurately reflect the nature of the possession and comply with the prescriptive periods to avail themselves of the proper legal remedies.

FAQs

What was the key issue in this case?	The key issue was whether the Municipal Circuit Trial Court (MCTC) had jurisdiction over Pablo Hidalgo’s complaint for unlawful detainer against Sonia Velasco, given the allegations in the complaint. The Supreme Court determined that the complaint failed to sufficiently allege unlawful detainer because it did not state that Velasco’s possession was initially by contract or tolerance of Hidalgo.
What is unlawful detainer?	Unlawful detainer is a legal action to recover possession of property where the initial possession was lawful, either by contract or tolerance, but subsequently became unlawful due to the termination of the right to possess. A key element is that the defendant’s possession must have been initially permitted by the plaintiff.
What must a complaint for unlawful detainer allege?	A complaint for unlawful detainer must allege that the initial possession was by contract or tolerance of the plaintiff, that the possession became illegal upon notice of termination, that the defendant remained in possession, and that the complaint was filed within one year from the last demand to vacate. These are jurisdictional requirements.
What is forcible entry?	Forcible entry is a legal action to recover possession of property where the entry was unlawful from the beginning, such as through force, intimidation, threat, strategy, or stealth. Unlike unlawful detainer, there is no initial lawful possession in forcible entry.
What is the prescriptive period for filing an ejectment case?	For both forcible entry and unlawful detainer, the complaint must be filed within one year from the date of unlawful deprivation of possession. In forcible entry cases involving stealth, the one-year period is counted from the time the plaintiff learned of the unlawful entry.
What happens if the complaint fails to sufficiently allege unlawful detainer or forcible entry?	If the complaint fails to sufficiently allege either unlawful detainer or forcible entry, the proper remedies are either accion publiciana (recovery of the right to possess) or accion reinvindicatoria (recovery of ownership). These actions must be filed before the Regional Trial Court.
Who was Josefina Reintegrado Baron and why was she relevant to the case?	Josefina Reintegrado Baron was the person from whom Sonia Velasco claimed to derive her rights to possess the property. Velasco argued that Baron should have been impleaded as a party defendant.
What was the Supreme Court’s ruling in this case?	The Supreme Court affirmed the dismissal of Hidalgo’s complaint for unlawful detainer, holding that the MCTC lacked jurisdiction because the complaint failed to allege that Velasco’s possession was initially by contract or tolerance of Hidalgo. The Court also noted that even if treated as forcible entry, the action was time-barred.

The ruling in Hidalgo v. Velasco serves as a reminder of the necessity for meticulous pleading in ejectment cases. The absence of a clear assertion of initial tolerance or contract is a critical flaw that can undermine the jurisdiction of the court and the success of the action. Parties seeking to recover possession of property must ensure their complaints precisely articulate the basis of possession and comply with all procedural requirements.

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: Hidalgo v. Velasco, G.R. No. 202217, April 25, 2018