Abadilla Jr.

v Spouses Obrero
G.R. No. 199448, Nov. 12, 2014

FACTS: Spouses Obrero initiated a case for forcible entry against Abadilla Jr. The
souses claimed that they are the registered owners of the land in question based on a
TCT registered under their name. They claimed they were in possession thereof based
on improvements erected therein utilized for residential and business purposes prior to
the alleged acts of petitioner who forcibly fenced the perimeter of the land with barbed
wire.

By way of defense, Abadilla claimed that the land was sold by the spouses to his
late father as evidenced by a Deed of Absolute Sale. Being one of the heirs, he is one
of the owners thereof. In fact, they left a caretaker to oversee the land. Despite the sale,
the spouses supposedly attempted to remove the fence and even built concrete
structures on the land using it for dwelling purposes.

ISSUE: Whether or not an ejectment proceeding is proper in the case at bar.

RULING: Yes. Ejectment proceedings are summary in nature and intended to provide
an expeditious means of protecting actual possession or right to possession of property.
Title is not involved. Issues as to ownership are not involved in the action; evidence
thereon is not admissible except only for the purpose of determining the issue of
possession. Thus, where the parties to an ejectment case raise the issue of ownership,
the courts may pass upon that issue but only to determine who between the parties has
the better right of possession.

Here, both parties anchor their right of possession on ownership. Between a

Deed of Absolute Sale and a TCT, it is the TCT which must prevail. A certificate of title
is evidence of indefeasible and incontrovertible title to the property in favor of the person
whose name appears therein. [A] title issued under the Torrens system is entitled to all
the attributes of property ownership, which necessarily includes possession. Hence, as
holders of the Torrens title over the subject land, the respondents are entitled to its
possession.