Petitioner
Pilar Development Corporation
Respondent
Ramon Dumadag
Citation
G.R. No. 194336
Court
Supreme Court
Division
Third Division
Ponente
Peralta, J.
Decided
March 11, 2013

Summary

Property developer filed accion publiciana to recover possession of subdivision land occupied by squatters who built shanties without consent. All courts dismissed the case, finding that the occupied area falls within a 3-meter easement strip along Mahabang Ilog Creek which belongs to public dominion under Civil Code Article 502 and DENR regulations. While squatters have no legal right to occupy public land, the private landowner also cannot claim exclusive ownership of the easement area reserved for public use. The Supreme Court clarified that proper parties to file recovery actions are either the Republic of the Philippines or local government, depending on the legal purpose, and suggested the landowner could file mandamus to compel government action against the illegal occupants.

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By the Intellegal Editorial Board · March 11, 2013

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