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to disregard such juridical acts and unreasonably constrict the concept of prior
possession to "physical occupation" in its rigid literal sense, then it will open floodgates
of absurdity wherein land intruders will be favored under the law than Torrens title
holders. Such intruders may then easily be favored in a summary procedure of
ejectment by mere assertion of physical occupation. On the other hand, Torrens title
holders would have to resort to the protracted litigation in an ordinary civil procedure
by filing either an accion publiciana or accion reivindicatoria, while the intruders, in the
meantime, enjoy the use of another man's land.[31]
We are also one with the RTC in ruling that Patrick was dispossessed of the subject
property by Federico through stealth. As correctly observed by the RTC, Federico's
entry in the premises of the subject property without the consent and knowledge of the
registered owner, who was abroad at that time, clearly falls under stealth, defined in
our jurisprudence as "any secret, sly or clandestine act to avoid discovery and to gain
entrance into, or to remain within [the] residence of another without permission.[32]
Lastly, that the action was filed within one year from Patrick's discovery of the forcible
entry was undisputed in this case.
WHEREFORE, premises considered, the Petition is GRANTED. The Decision dated
October 31, 2014 and the Resolution dated February 24, 2015 of the Court of Appeals
in CA-G.R. SP No. 134040 are REVERSED and SET ASIDE. Accordingly, the Decision
dated August 3, 2012 of the Regional Trial Court of Baguio City in Civil Case No. 7567-R
is hereby REINSTATED.
SO ORDERED.
Caguioa (Acting Chairperson), Lazaro-Javier, Inting,[*] and Lopez, JJ., concur.
[*] Additional member per Raffle dated January 20, 2020 in lieu of Chief Justice
Diosdado M. Peralta.
[1] Rollo, pp. 11-26.
[2] Penned by Associate Justice Fernanda Lampas Peralta, with Associate Justices
Francisco P. Acosta and Myra V. Garcia-Fernandez, concurring; id. at 28-42.
[3] Id. at 44.
[4] Id. at 46-51.
[5] Id. at 52-60.
[6] Id. at 29.
[7] Id.
[8] Id.
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