German Management Services vs. CA

German Management Services vs. CA, GR No. 76217 September 14, 1989

Facts:

Spouses Jose are the owners of a parcel of land in Antipolo. They executed a special power of attorney authorizing German management Services to develop their property into a residential subdivision. However, the property was being occupied by private respondents and twenty other persons. They were asked to vacate but refused. PR filed an action for forcible entry and alleged that they are mountainside farmers of the area and have occupied and tilled their farmholdings prior to the promulgation of PD 27. They stated that they have been deprived of their property without due process of law by means of force, violence and intimidation.

Issue:

Whether or not petitioner forcibly entered the property of the PR ( I know this is RPC- but involved and prop)

Ruling:

Yes, the petitioner forcibly entered the property of the PR. In forcible entry, ownership is not an issue. It may be a fact that the German Management was duly authorised by the owners to develop the subject property, the actual possessors of the land, the Prs, can commence a forcible entry case against the petitioner. Forcible entry is merely a quieting process and never determines the actual title to an estate.