PATRICIO CUNANAN VS.

CA AND
BASARAN
FACTS
Cunanan filed a
complaint of
forcible entry
against Basaran.
5 Hectare
Basaran
Tax No. 2195
Cunanan
Tax No. 5742
FACTS
During the absence of Cunanan because
of his trip, Basaran took advantage of his
crops. He entered , occupied and
harvested it maliciously, illegaly and
forcibly.
RTC dismissed the complaint
CA restored the parties to their position
ISSUE
Whether or not Basaran has the right of
possession over the said property?
HELD
No.
The possession of the said property by Basaran is
unlawful/illegal from the very beginning and that
the party in peaceable and quiet possession shall
not be turned out by strong hand, violence or
terror.

ARGUMENTS
What is forcible entry?

Is the land title necessary in filing an action
for forcible entry?

What is the difference between ownership
and possession?
WHAT IS FORCIBLE ENTRY?
a summary action to receover material or
physical possession of real property when a
person originally in possession was deprived
thereof by

FORCE
INTIMIDATION
STRATEGY
THREAT
STEALTH
IS THE LAND TITLE NECESSARY IN FILING AN
ACTION IN FORCIBLE ENTRY CASE
Lack of land title on the said lot does not bar
a person from filing an action for forcible
entry because the main issue in this kind of
action is the mere physical possession of the
property and not the ownership of the said
property. This is because in forcible entry
cases, the actual condition of the title to the
property is largely immaterial.
WHAT IS THE DIFFERENCE BETWEEN
OWNERSHIP AND POSSSESSION
Ownership the
right of a person
to control a thing
and may be
exercised over
things or rights.
(Art. 427 of CC)
Possession
holding of a thing
and enjoyment of
a right. (Art. 523
of CC)