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VILLANUEVA v. SANTIAGO

This case has been cited 3 times or more.

	GR NO. 142766 2007-06-15	NARCISO AMOROSO v. JUAN ALEGRE TINGA, J.
It must be pointed out that the case for resolution before us concerns the complaint for accion reivindicatoria filed by respondent. Accion reivindicatoria or accion de reivindicacion is an action whereby plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession. It is a suit to recover possession of a parcel of land as an element of ownership.[32] The basic question in such an action is whether the plaintiff, respondent herein, has presented sufficient evidence to prove his ownership of the properties in question.
	GR No. 146082 2004-07-30	MELCHOR CUSTODIO v. ROSENDO F. CORRADO QUISUMBING, J.
Further, it bears stressing that the issue on the applicability of res judicata to the circumstance obtaining in this case is far from novel and not without precedence. In Vda. de Villanueva v. Court of Appeals,[22] we held that a judgment in a case for forcible entry which involved only the issue of physical possession (possession de facto) and not ownership will not bar an action between the same parties respecting title or ownership, such as an accion reinvindicatoria or a suit to recover possession of a parcel of land as an element of ownership, because there is no identity of causes of action between the two.
	GR No. 130228 2004-07-27	BERNABE FOSTER-GALLEGO v. SPS. ROMEO AND VIVIEN GALANG CARPIO, J.
In this case, petitioner raised the alleged nullity of TCT No. (86872) 22786 in his answer-in-intervention to the suit the Spouses Galang filed to quiet title. The petitioners in Villanueva v. Court of Appeals[45] also raised the supposed invalidity of respondents' titles in their answer to respondents' complaint for recovery of ownership. The Court disallowed the defense on the ground that it was a collateral attack on respondents' title, that is, an indirect challenge to the final judgment and decree of registration that resulted in the issuance of the assailed title. In Villanueva, the Court declared that Section 48 of the Property Registration Decree required no less than a direct action for reconveyance filed within the period provided by law.[46]