4/7/2021 E-Library - Information At Your Fingertips: Printer Friendly favor, was sufficient allegation of prior possession. Likewise, according to the RTC, Patrick's allegation that Federico "entered and occupied the house" without the former's knowledge and consent, "taking advantage of [his] absence" is a sufficient allegation of stealth or strategy. Moreover, the RTC ruled that both elements of forcible entry were proven by Patrick's evidence. The RTC held that prior physical possession does not only mean actual or physical possession, but also possession acquired by juridical acts, which in this case was through the adjudication of the subject property to Patrick and Lourdes, and the subsequent registration thereof in Patrick's name. That it was by means of stealth that Patrick was dispossessed of the property was also proven by his allegation that he discovered Federico's possession and occupation thereof only upon his return from the USA. Thus: WHEREFORE, all premises duly considered, the Decision of the first level court in Civil Case No. MTCC Case No. 13478 is hereby reversed and set aside. The [respondent], Federico G. Madayag, his predecessors-in interest, and all persons under him are hereby ordered to vacate the property subject matter of this case located at No. 63 Scout Barrio Housing Project, Baguio City, and to peacefully turn-over possession thereof to [petitioner], Patrick G. Madayag. SO ORDERED.[14] Federico's motion for reconsideration was denied by the RTC in its Order[15] dated March 14, 2013. The CA Ruling In its assailed Decision, the CA reversed the RTC Decision and reverted to the MTCC Judgment, emphasizing on the essential elements of a forcible entry suit, which must be sufficiently alleged and proved. The CA ruled that when the law speaks of prior physical possession in forcible entry cases, the law speaks of possession de facto as distinguished from possession de jure. Citing jurisprudence, the CA also held that a complaint for forcible entry should also specify what made the activities alleged therein illegal and what made the entry unlawful. In reviewing the allegations in the Complaint, the CA found that the allegation of prior physical possession therein does not satisfy the requirement in forcible entry cases. The CA found no allegation that Patrick physically possessed the property and was ousted therefrom by Federico through force, intimidation, threat, strategy or stealth. The CA emphasized that the claim of prior physical possession by virtue of absolute ownership, or possession as an attribute of ownership, is not the same as actual possession or possession de facto. Further, Patrick failed to allege how he was deprived of possession of the property by Federico as he simply stated that the latter entered and occupied the house, without specifying how and when entry and possession was effected. In addition, the CA sustained the alleged agreement among the siblings, invoked by Federico, that the subject property remains to be the ancestral and family home which https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66248 3/9