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Most importantly, the title to the land in question remained in the name of Cesar and his wife Cita. As registered owner, they had a right to possession of the property
that is one of the attributes of ownership. Should a question arise regarding the fact of possession, the present possessor shall be preferred; if there are two
possessors, the one longer in possession, if the dates of possession are the same the one who presents a title (Art.538, Civil Code).
Since Cesar is in continuous possession of the property, Ernie and Elvie’s allegation that Cesar deprived them of actual possession by means of force,
intimidation and threat, is clearly untenable. Where a dispute over possession arises between two persons, the person first having actual possession is the one
entitled to maintain an action for forcible entry. Otherwise, a mere usurper without any right whatever, might enter the property of another and, by allowing himself to be
ordered off, could acquire the right to maintain the action of forcible entry, however momentary his intrusion might have been (Yu vs. Pacleb G.R. 130316, January 24,
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2007).
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