Spouses Noel and Leny Agullo vs Lea Victa-Espinosa

written by Howard

G.R. No. 269921 – Remedial Law – Civil Procedure – Rule 70 – Ejectment vs Accion Publiciana

Civil Law –  Property – Recovery of Possession – Accion Publiciana

Lea Victa-Espinosa had her land surveyed. The survey result showed that Spouses Noel and Leny Agullo were occupying a portion of Lea’s property. Lea demanded the spouses to vacate her property but they refused. Lea then filed a complaint for recovery of possession against the spouses.

Spouses Agullo moved for the dismissal of the complaint on the ground that it is premature since a year has not yet lapsed from the survey (discovery) – that Lea should file an ejectment case instead. The trial court agreed with the Agullos but the Court of Appeals reversed the ruling of the trial court.

ISSUE: Whether or not a recovery of possession case (accion publiciana) may be filed even without the lapse of the one-year period.

HELD: Yes. As a rule, accion publiciana may be brought in court if the dispossession is already for more than one year. However, accion publiciana may also be brought even if the dispossession is for one year or less provided the dispossession was not brought by those causes mentioned in Rule 70 of the Rules of Court (force, intimidation, threat, strategy, and stealth). In this case, Lea’s complaint was not based on any allegation of force, intimidation, threat, strategy, nor stealth committed by Spouses Agullo – nor was it based on unlawful detainer.

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