Barrientos v Rapal

Facts:

Rapal acquired 235 square meter parcel of land which was said to be a portion
of the estate of Don Mariano.

Respondent constructed a semi-concrete house on the lot and took actual

possession of the property by himself through his caretakers.

Respondent allowed petitioner Bienvenido and his family to stay on the subject
property as caretakers on the condition that the petitioner will vacate the
premises when respondent would need the property.

But when respondent demanded to vacate, the petitioner refused.

Respondent filed a cased for unlawful detainer.

The court ruled in favor of the respondent.

RTC reversed but CA affirmed the MeTC ruling. Hence, this petition.

Issue:

WHETHER THE ISSUE OF OWNERSHIP CAN BE INITIALLY

RESOLVED FOR THE PURPOSE OF DETERMINING THE ISSUE
OF POSSESSION.

Ruling:
The petition is of no merit.

In the case at bar, both petitioner and respondent were claiming

ownership over the subject property. Hence, the CA correctly
touched upon the issue of ownership only to determine who
between the parties has the right to possess the subject property.
Thus, based on the evidence presented by the respondent, it can be
deduced that petitioner's occupation of the subject lot was by mere
tolerance only. Petitioner was initially permitted by respondent to
occupy the lot as a caretaker.