Professional Documents
Culture Documents
PERAN v. CFI
FACTS:
1. An unregistered land was originally owned by Evasco. The
latter then executed a Reparticion Extrajudicial where he
partitioned his properties among his five heirs.
2. His heir Alejandro sold his property to Torella, who in turn
sold the land to Sabater. Pet. Peran acquired the land by
purchase from the latter. This sale was duly recorded in
the Register of Deeds.
3. In 1979, pet. asked Encarnacion Evasco, whose house was
built on the lot they bought. She also asked the latter to
remove the house and vacate the premises, but the
Evascos refused.
4. Pet. then filed a complaint for forcible entry and illegal
detainer. Resp. argued that they are lawful possessors for
more than 20 years of the said portion and that pet. had
no right to eject them.
5. Petition granted Municipal Circuit Court, but this was
reversed by the CFI on the ground that since the issue in
an illegal detainer case is physical possession, whoever
has prior possession, no matter in what character, is
protected by law.
HELD: Resp. may have been in possession of the portion they
occupy prior to petitioner but they have not proved their title
thereto, nor their right to possess. If at all, their possession of
the portion of the property was by mere tolerance of the
pet.’s precessors-in-interest which does not vest in them a
right. A possessor by tolerance is necessarily bound by an
implied promise to vacate upon demand, failing which a
summary action for ejectment is the proper remedy against
him.