The Bishop of Cebu v. Mariano Mangaron

Summary

The Supreme Court affirmed a lower court decision ordering defendant Mangaron to vacate land claimed by the Roman Catholic Church in Ermita district. Mangaron's family had occupied the land until 1887 when ordered to vacate by municipal fire zone regulations. In 1898, during political turmoil, Mangaron unlawfully reentered and built a house without permission. The Court held this self-help was illegal - one must seek court assistance rather than take law into own hands. The decision importantly clarified that the 'accion publiciana' (plenary possessory action) continues to exist under the Civil Code, protecting possessory rights as rights in rem. The Church's 20-year peaceful possession created a right that could not be lost without due process.