Dr. Dioscoro Carbonilla v. Marcelo Abiera

Summary

Dr. Carbonilla filed an ejectment case against the Abieras, claiming ownership of land and building in Maasin City and alleging respondents occupied by mere tolerance. While petitioner established land ownership through Torrens title, he failed to prove building ownership or that respondents' possession was by tolerance. The MTCC favored respondents based on prior possession since 1960. The RTC reversed, applying the principle that land ownership includes improvements. However, the CA and Supreme Court found the case improperly categorized, as petitioner failed to prove tolerance essential for unlawful detainer. The Supreme Court emphasized that tolerance requires overt acts of permission, not mere allegations, and affirmed dismissal while noting petitioner could pursue other remedies like accion publiciana or accion reivindicatoria for possession recovery.