G.R. No. 147549 October 23, 2003
JESUS DELA ROSA and LUCILA DELA ROSA, petitioners,
SANTIAGO CARLOS and TEOFILA PACHECO, respondents.
Dela Rosa filed a complaint for forcible entry, alleging that they are the owners of a house and lot in Bulacan by virtue of a Deed of Absolute Sale executed between Dela Rosa and Carlos. They also asserted that they renovated the house and occupied it from 1996 to present, and that they built a fence to separate the property from the road.
Subsequently however, Carlos built a house of strong materials on a vacant lot of the property through stealth and without their knowledge and consent. On the other hand, respondents averred that they had been occupying the lot in the concept of a co- owner since birth.
Whether or not Dela Rosa were in possession of property notwithstanding their absence from the same.
Yes, Dela Rosa were in possession of property. In a forcible entry case, the principal issue for resolution is mere physical or material possession (possession de facto) and not juridical possession (possession de jure) nor ownership of the property involved.
In the case at bar, Dela Rosa continued visiting the property even if they resided in Manila, and that constitutes maintenance of possession. Improving the house were also acts of dominion indicating possession