1. INJUNCTION; ACTION TO ENJOIN REPEATED TRESPASSES ON LAND; PLAINTIFF IN POSSESSION. — Where a person other than the owner from time to time unlawfully enters upon land and commits depredations thereon, as by cutting wood or bamboo, the true owner, having possession, can maintain an action to quiet title and enjoin the intruder from the repetition of such trespasses in the future. The circumstance that the trespasser in such case also pretends to ownership of the same land is immaterial.

The plaintiff, Dolores Rustia, brought this action in the Court of First Instance of the Province of Pampanga to secure an injunction to restrain the defendants from cutting bamboo from certain land alleged to belong to the plaintiff and to recover damages for the plants already cut. In accordance with the prayer of the complaint, a preliminary injunction was issued ex parte upon the giving of a bond. Some of the defendants answered, denying participation in the alleged trespasses and disclaiming all interest in the land from which the bamboo in question had been cut, while three, to wit, Cecilio Franco, Benito Laren, and Mariano Manalili, admitted that bamboo had been cut by them from the land described in the complaint or in that vicinity but asserted that said land belonged to Benito Laren, Mariano Manalili, and Gregoria Dizon, wife of the defendant Cecilio Franco.

It appears in evidence, and was found by the trial judge, that the defendants have at various times, not only in 1917 but in several previous years, cut bamboo from a cañaveral lying on both sides of the estero Macabucod, but the proof does not show with any certainty how many bamboo had been cut by them on either side of the estero. The plaintiff claims that the land of which she is the owner comprises an area of nearly 24 hectares, lying on the north side of the estero Macabucod, which said estero forms the southern boundary o