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Gabriel VS Crisologo: Facts

Crisologo filed a complaint against petitioners to recover possession of two parcels of land after discovering that petitioners had unlawfully entered and occupied the properties, constructing houses without consent. Petitioners promised to vacate but failed to do so. The court held that Crisologo had the better right of possession, as this was an accion publiciana to determine possession independently of title, with the objective to recover possession for the plaintiff after unlawful withholding for over a year.

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20 views1 page

Gabriel VS Crisologo: Facts

Crisologo filed a complaint against petitioners to recover possession of two parcels of land after discovering that petitioners had unlawfully entered and occupied the properties, constructing houses without consent. Petitioners promised to vacate but failed to do so. The court held that Crisologo had the better right of possession, as this was an accion publiciana to determine possession independently of title, with the objective to recover possession for the plaintiff after unlawful withholding for over a year.

Uploaded by

AnnMaureenNavarro
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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GABRIEL

VS
CRISOLOGO
G.R. NO. 204626, JUNE 9, 2014
_____________________________________________________________________________________

FACTS:
Carmelita Crisologo alleged that she was the registered owner of two
parcels of land (TCT) Nos. T-13935 and T-13936 properties were
covered by an assessment of real property and payments of realty taxes
were updated. She discovered that petitioners unlawfully entered and
occupied her properties by stealth, force and without her prior consent
and knowledge and constructed houses on the said lots. Upon the
discovery, Atty Carmelita Crisologo(daughter of Carmeling Crisologo)
demanded that petitioners vacate the premises and remove their
structures thereon. Petitioners promised to be the said properties but
failed to do so.Petitioners refused to vacate the said properties despite
repeated demands made by Crisologo. Crisologo filed a complaint
for recovery of possession and/or ownership with damages against
petitioners.

ISSUE:
Whether the petitioners have a better right of possession over the
subject parcels of land.
HELD:
Crisologo has a better right of possession over the subject
parcels of land.
The nature and purpose of Accion Publiciana:
This is also known as Accion Plenaria de Posesion. It is an ordinary
civil proceeding to determine the better right of possession of
realty independently of title. It refers to an ejectment suit filed
after the expiration of one & year from the accrual of the cause
of action or from the unlawful withholding of possession of the
realty. The objective of the plaintiffs in accion publiciana is to
recover possession only, not ownership.

No. 13 in the List


PROPERTY
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