Petitioner
Evangeline Rivera-Calingasan
Respondent
Wilfredo Rivera
Citation
G.R. No. 171555
Court
Supreme Court
Division
Second Division
Ponente
Brion, J.
Decided
April 17, 2013

Summary

This forcible entry case involved a family property dispute over physical possession of real estate in Lipa City. Wilfredo Rivera, holder of usufructuary rights, sued daughter Evangeline and her business for taking possession during his hospitalization. Lower courts initially dismissed but RTC reversed, finding evidence of prior possession and unlawful dispossession through force and stealth. The Supreme Court affirmed, emphasizing that ejectment cases concern only physical possession (de facto), not legal ownership (de jure). Key evidence included parties' admitted residences and witness testimony proving Wilfredo's prior occupation. The Court modified the judgment upon Wilfredo's death, holding that while his usufruct terminated under Civil Code Article 603(1), the monetary compensation award of P620,000 survived for his estate, though physical restitution became moot.

Statutes applied

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By the Intellegal Editorial Board · April 17, 2013

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