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CONCHITA QUINAO v. PEOPLE

FACTS:

The case involves a petition for review on certiorari seeking the reversal of the decision of the Court of Appeals, which affirmed the decision of the Regional Trial Court (RTC) finding the petitioner and Salvador Cases guilty of the crime of Usurpation of Real Property. The Information filed against the petitioner and Cases alleges that they conspired to unlawfully occupy a real property owned by Francisco Delmonte, gathered coconuts from the property, and sold them to the damage and prejudice of the owner.

The trial established that both the accused and the complainant are claiming ownership over the land. The complainant submitted Tax Declaration No. 1202 in the name of Petre Delmonte, the predecessor-in-interest of the complainant. On the other hand, the accused presented Tax Declaration No. 1195 in the name of Lorenzo Cases Leoniso, alleging that the land being claimed by the complainant is different from the land litigated in a previous civil case.

Witnesses testified that the accused forcibly took possession of the land, gathered coconuts, and threatened the complainant.

The trial court found both accused guilty of Usurpation of Real Property and sentenced them to pay a fine and ordered them to cease and desist from disturbing the complainant's possession of the land.

ISSUES:

  1. Whether there was usurpation of real property committed by the accused.

  2. Whether the accused are the rightful owners of the land in question.

RULING:

  1. Yes, there was usurpation of real property committed by the accused. The evidence presented during the trial established that the accused, with the use of force, violence, and intimidation, usurped and occupied the land belonging to Francisco Delmonte. They gathered coconuts and converted them into copra, which they sold, resulting in damages to Delmonte.

  2. No, the accused are not the rightful owners of the land in question. The evidence presented by the complainant showed that the land had been litigated and awarded to Delmonte's parents in a previous civil case. The accused, on the other hand, presented a tax declaration in the name of Lorenzo Cases Leoniso, claiming a different land.

PRINCIPLES:

  • Usurpation of real property is a crime under Article 312 of the Revised Penal Code and requires the use of force, intimidation, or threat in order to gain possession of the property.

  • Ownership of real property is determined by the evidence presented, such as tax declarations and court decisions.