760 PHIL. 743
PEREZ, J.:
WHEREFORE, IN THE LIGHT OF ALL THE FOREGOING, this [c]ourt finds no reversible error in the Decision of the [c]ourt a quo and hereby AFFIRMS the same in toto.[8]Respondents elevated the case to the Court of Appeals which reversed the RTC’s decision and dismissed the complaint. The Court of Appeals held that the MCTC does not have jurisdiction over the case which is essentially a boundary dispute, thus jurisdiction pertains to the RTC. The Court of Appeals disposed, thus:
WHEREFORE, premises considered, both lower court’s decision are hereby SET ASIDE and a new one is entered DISMISSING the Complaint for Forcible Entry docketed as Civil Case No. S-922 before the Municipal Circuit Trial Court of Pozorrubio, Pangasinan.[9]Petitioner’s motion for reconsideration was denied by the Court of Appeals in a Resolution[10] dated 27 January 2009. Undaunted, petitioner filed the instant petition assigning the following errors allegedly committed by the Court of Appeals:
Petitioner principally argues that the complaint is in the nature of an action for forcible entry over which the MCTC had jurisdiction.
- THE HONORABLE COURT OF APPEALS ERRED IN ORDERING THE DISMISSAL OF THE COMPLAINT FOR FORCIBLE ENTRY; and
- THE HONORABLE COURT OF APPEALS ERRED IN DECLARING THAT THE PRESENT CASE IS A BOUNDARY DISPUTE WHICH SHOULD EITHER BE AN ACCION PUBLICIANA OR AN ACCION REINVINDICATORIA.[11]
9. That x x x the said property was sold to the [petitioner] in 1995 and 2003 as shown on the unnotarized Deed of Absolute Sale dated November 22, 1995 and unnotarized Affidavit of Self Adjudication of Estate with Deed of Absolute Sale dated June 4, 2003 x x x;On its face, the averments in the Complaint show that they have sufficiently established a cause of action for forcible entry. Considering that the test for determining the sufficiency of the allegations in the complaint is whether, admitting the facts alleged, the court can render a valid judgment in accordance with the prayer of the plaintiff,[16] we find that the Court of Appeals erred in ruling that the MCTC had no jurisdiction over the case.x x x x x x x x x
12. That since 1980s, the plaintiff has been in possession over the subject land without any interference or claim by other person when she started to accept the mortgage unto her. She has been so far in actual possession of the land dispute for more than twenty five (25) years. But, tacking her possession with her predecessors, the possession is already more than fifty (50) years. In fact, the [petitioner] has already planted several trees on the land in question aside from the trees planted by her predecessors. She has also planted pineapple, cabbage and banana trees, which are about to be harvested in December, 2005;
13. That sometime in July, 2005, the [respondents] had started to claim that a portion of the land purchased by the [petitioner] from Bacdangs belongs to them as they do have a bigger land area declared for them for taxation purposes. Hence, in July, August and October, 2005, several confrontations and conferences were conducted between the [petitioner] and [respondents] at the office of the Department of Environment and Natural Resources (DENR), Barangay Captain of Brgy. Inmalog, Sison, Pangasinan and Municipal Council of Sison, Pangasinan to talk about this land dispute;
14. That without resolving the land dispute, the [respondents] together with their relatives and other companions [had] entered the premises of the land bought by the [petitioner] on November 10, 2005 through force, violence and intimidation by taking possession thereof and constructing fence thereon without authority and legal right. The fence constructed is shown on the three (3) pictures taken therefrom. The unauthorized and forcible entry of the [respondents] was subsequently reported by the [petitioner’s] caretaker Florentino Velasco to the police station of PNP Sison, Pangasinan.x x x x x x x x x
15. That the portion of the land forcibly entered by the [respondents] as surrounded the various fruit bearing trees planted by [petitioner] and her predecessors, including the pineapple, cabbage, banana trees, which are about to be harvested. These malicious acts of the [respondents] and cohort unlawfully deprive the [petitioner] from absolutely exercising her rights over the subject property and enjoy the fruits and income that could be derived therefrom to her great damage and prejudice.
16. That there is indeed a need to revert the possession of the subject portion of the land to the [petitioner] the soonest possible time to avoid any multifarious suits that could crop up due to the unlawful taking of possession made by the [respondents]. Moreover, the [petitioner] would be unlawfully deprive[d] of the fruits of the subject portion of land, which are planted with plenty of cabbage, pineapple, fruit bearing banana trees and mango trees, if the possession of the subject land would not be returned immediately to her.[15]
As presented in respondents[’] Petition earlier filed to the Honorable Court of Appeals, it was factually shown and clearly delineated by Exhibit “6” of respondents position paper filed before the Honorable trial court, that there are three (3) material lots to be considered in the determination of the respective lands of the parties. From among the 3 lots, the lot which is adjacent to the lot of the petitioners is Lot No. 1027-B in the name of Victorino Bacdang with a declared area of 2,464 square meters (actual area is 2,628 square meters). The said lot is, therefore, actually situated in between the land of the petitioners and the land (Lot 1027-A) of Pedro Bacdang with a declared area of 2,464 square meters (actual area is 2,627 square meters). Logically, the petitioner could only have possessed the adjacent land of Victorino Bacdang (Lot 1027-B) not earlier that June 4, 2004 when she allegedly acquired the same as shown by the unnotarized Affidavit of Self-Adjudication and deed of sale attached as Annex “D” of the complaint.For clarity, we reproduce a portion of the sketch plan submitted by respondents, thus:
On the part of the respondents, they personally started their possession over the subject land in December 21, 2001 when they acquired the land from the spouses Godfrey Cawis and Annie Cawis. Simply stated, the petitioner cannot claim prior possession as against respondents because even before June 4, 2004, the respondents were already in peaceful ownership and possession of the land.
It could be at the height of absurdity and contrary to human experience if what petitioner would allege as encroached by the respondents was Lot No. 1027-A. That is because the respondents would be totally passing over, if not including, the whole of Lot No. 1027-B with a wide area of 2,628 square meters and which is what is proximately adjacent to their land.
As it was, what the respondents fenced was a portion of their lot which is situated towards the boundary of Lot 1027-B in the name of Victorino Bacdang. And such fenced portion is what the petitioner claims to be encroached upon by the respondents. But to reiterate, the respondents have long been in peaceful possession thereof before the petitioner acquired the adjacent lot of Victorino Bacdang on June 4, 2004.[18]