G.R. No. 76217 – 258 Phil. 289 – 177 SCRA 495 – Civil Law – Law on Property – Doctrine of Self-Help
In February 1982, the spouses Manuel and Cynthia Jose contracted with German Management and Services, Inc. for the latter to develop their landholdings into a residential subdivision. The spouses also executed a special power of attorney to that effect.
German Management started the project in February 1983, however, German Management discovered that the land was being possessed by Ernest0 Villeza et al who were the farmers tilling the said land at that time. German Management spoke with Villeza et al but the farmers refused to vacate the land as the farmers claimed that they have been occupying the land for twelve years.
Nevertheless, German Management went on to develop the property and demolished the properties of the farmers without acquiring a court order. In turn, Villeza et al filed a case of forcible entry against German Management. In its defense, German Management invoked the Doctrine of Self-help which provides that:
The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (Article 429, Civil Code)
ISSUE: Whether or not the doctrine of self-help is applicable in this case.
HELD: No. The Doctrine of Self-help is not applicable because at the time when German Management excluded the farmers, there’s no longer an actual or threatened unlawful physical invasion or usurpation. That actual or threatened unlawful physical invasion by the farmers have already lapsed 12 years ago when they began occupying the said land. In fact, they were already peaceably farming the land.
What should have been the remedy by German Management?
German Management should have filed either accion publiciana or accion reivindicatoria to lawfully eject the farmers.
But the farmers are not the real owners and in fact, the spouses Jose have a lawful title over the land?
Regardless of the actual condition of the title to the property, the party in peaceable quiet possession shall not be turned out by a strong hand, violence or terror. Further, there is now a presumption of ownership in favor of the farmers since they are the ones occupying the said property. They can only be ejected either by accion publiciana or accion reivindicatoria through which the spouses Jose’s better right may be proven.
