Sampayan vs Vasquez

Facts:

 Siblings Vasquezes filed a complaint of forcible entry against Cesar Sampayan for
entering and occupying Lot No. 1959 & building a house thereon without their
consent through strategy and stealth.
 According to Vasquezes, their mother Cristita, the owner & actual possessor of said
lot and after their mother’s death, they became co-owners. However, after the
occupation of Sampayan on said lot, he failed to vacate the same despite repeated
demands.
 According to Sampayan, neither the Vasquezes nor their mother has ever been in
possession of the lot and averred that he asked permission to enter the lot from the
overseer of the lot’s true owner.
 Ocular inspection revealed that Sampayan & his predecessors introduced the
improvements on said lot & the Vasquezes had never possessed the same.
 Since it has been shown that Sampayan has been in the possession of said lot for
more than a year, the action of Vasquezes must be of accion publiciana.
Issue:
WON, the action forcible entry will prosper in this case
Held:
No.
In an action for forcible entry, the plaintiff must prove that he was in prior
possession of the land & he was deprived thereof through (FITSS) force, intimidation,
threat, strategy and stealth.
In the instant case, The Vasquezes had never been in possession of the land.
Moreover, Cristita, the mother of the respondents being an oppositor in the
cadastral case involving the said lot does not itself establish possession.