VILLAFUERTE VS.

COURT OF APPEALS

FACTS: Spouses Villafuerte operated a gasoline station owned by Petrophil Corporation known as Peewees Petron Powerhouse and general merchandise. In Lucena City. The said gasoline station is located on the premises of three adjoining lots owned by The mother of Villafuerte, Edilberto De Mesa (appellant) and brothers Gonzalo and Federico Daleon. When the lease of Petrophil Corporation expired on Dec 31, 1988 the Villafuertes were able to obtain a new lease from De Mesa, but failed as regards the property of the Daleon brothers. The Daleon brothers counsel ordered the Villafuertes to vacate the premises but simply ignored the order and continued operating the gas station and no settlements were reached even when Daleon filed a case for ejectment at the barangay. After these events, the lease from De Mesa expired but the Villafuertes nonetheless continued to operate the gas station. On feb 1,1990, Edilberto De Mesa and Gonzalo Daleon with the aid of several person and without knowledge of the Villafuertes, caused the closure of their gas station by constructing fences around it. The Villafuertes countered with a complaint for damages with preliminary injunction against appellants and the RTC ruled that with the continued occupation by the petitioners and the expiration of the lease contract, they had become undesirable lessees, but still, De Mesa and Daleon were liable for damages. ISSUE: WON the appellants can invoke the doctrine of self-help. HELD: No, Art 536 of the NCC states that in no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. He who believes that he has an action or a right to deprive another of holding of a thing must invoke aid of a competent court if the holder should refuse to deliver the thing. Private respondents were liable for various damages because they have disregarded the plain requirement of the law. Article 429 finds no application when occupation was effected through lawful means.

Digest by: Shervinne M. Valdez 2011-200169 LLB LPU LAW