Petitioner
Frisco F. Domalsin
Respondent
Spouses Juanito Valenciano
Citation
G.R. No. 158687
Court
Supreme Court
Division
First Division
Ponente
Chico-Nazario, J.
Decided
January 25, 2006

Summary

This forcible entry case involved a dispute over possession of land along Kennon Road road-right-of-way between Domalsin, who operated a sand and gravel business and built a house there in the 1980s, and the Valenciano spouses who constructed a house on the same spot in 1998 after Domalsin's house was destroyed in the 1990 earthquake. The lower courts initially ruled for Domalsin based on prior possession, but the Court of Appeals reversed, focusing on the land's status as public dominion. The Supreme Court ultimately found that neither party could own the public road right-of-way, but recognized Domalsin's prior possession rights and ordered the Valencianos to remove their structure and deliver possession to the DPWH, establishing important precedents on possession rights over public dominion property and proper parties in forcible entry cases.

Statutes applied

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By Intellegal Editorial Board · January 25, 2006

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