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Yyermekem on Jan View 22 Download 0. The factual backdrop of the case is as follows: The allegations therein are partly reproduced hereunder: Plaintiff is the owner of a residential house made alludj light materials consisting of wood and galvanized iron roof built on government-owned land located at Coral Street, Tondo,Manila. Subsequently, plaintiff became the owner in fee simple of the government land where his residential house was built including the one-half portion he sold to FernandoMijares, located at Coral Street, Tondo, Manila, evidenced by Transfer Certificate of Title No.
Plaintiff badly needsthe portion of his jo by the defendant to build a gyermekwm house for use of his family;9. On April 9,plaintiff through counsel sent a formal demand letter to defendant for the latter to vacate the portion of the property situated at Coral Street, Tondo, Manila within ten 10 days from receipt of the demand letter xxx Despite formal demand from the plaintiff onApril 19,defendant failed and refused and still fails and refuses to vacate said portion of the property owned by the plaintiff located at Coral Street, Tondo,Manilato the damage and prejudice of plaintiff.
OnFebruary 10,aludu filed a supplement to her motion to dismiss alleging that pursuant to theKasulatanngBilihanngBahay,AlmarioBejarsold to FernandoMijaresboth his house and the entire lot on which it was constructed, citing paragraph 4 of theKasulatanwhich reads: Respondent seasonably filed a motion for reconsideration but it was denied.
Manilain Civil Case No. The gyyermekem court held that the allegations of the complaint do not make out a case for illegal detainer or forcible entry.
Petitioners filed a motion for reconsideration of the above Decision but in its Resolution datedJanuary 27,the Court of Appeals denied the same. Hence, the instant petition. There are four 4 remedies available to one who has been deprived of possession of real property.
In unlawful detainer and forcible entry cases, the only issue to be determined is who between the contending parties has better possession of the contested property. The proceedings are governed by the Rule on Summary Procedure, as amended. By contrast, anaccionpubliciana, also known asaccionplenariadeposesion,is a plenary action for recovery of possession in an ordinary civil proceeding in order to determine the better and legal right to possess, independently of title.
The first lies in ghermekem period within which each one can be instituted.
Bejar vs. Caluag
Actions for unlawful detainer and forcible entry must be filedwithin one year from the date possession is lost, while anaccionpublicianamay be filed onlyafter the expiration of that periodbut within the period prescribed in gyernekem statute of limitations. The second distinction involves jurisdiction. Anaccionpublicianamay only be filed with the RTC, while a complaint for unlawful detainer or forcible entry may only be filed with the first level courts earlier mentioned.
Anaccionreinvidicatoria, unlike the three remedies previously discussed, involves not only possession, but ownership of the property. The plaintiff in this action sets up title in him and prays that he be declared the owner and be given possession thereof. Under Article of the Civil Code, two things must be alleged and proven in anaccionreinvidicatoria: Sole and exclusive jurisdiction over cases foraccionreinvidicatoriais vested in the RTC.
We are guided by the elementary principle that what determines the nature of an action as well as which court has jurisdiction over it are the allegations of the complaint and the character of the relief sought. Then, the action must be brought within one year from the date of actual entry to the property or, in cases where stealth was employed, from the date the plaintiff learned about it. Here, the case is for unlawful detainer. The complaint clearly alleges thatAlmarioBejarsold one-half portion of his house to FernandoMijares; that the latter, in turn, sold the same portion of the house to respondent; that eventually,AlmarioBejarbecame the owner in fee simple of the entire lot where his house was built; that he needs the portion of the lot occupied by respondent for the construction of a house for the use of his family; and that despite demand, respondent failed and still fails to vacate the premises.
From the records, it appears thatAlmarioBejarfiled his complaint within one year from the date of his last demand upon respondent to vacate the contested portion of the land.
A suit for unlawful detainer will prosper if the complaint sufficiently alleges that there is a withholding qludj possession or refusal to vacate the property by a defendant. The complaint for unlawful detainer must then be instituted within one year from the date of the last demand. Let the records of this case be remanded to the MeTC, Branch 12,Manila, for further proceedings with dispatch.
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