Category Archives: Ejectment

Allegations in the complaint that clearly makes out a case for unlawful detainer is essential to confer jurisdiction over the subject matter on the MTC.

Posted on February 29, 2012 by Erineus

Well-settled is the rule that what determines the nature of the action, as well as the court which has jurisdiction over the case, are the allegations in the complaint.  In ejectment cases, the complaint should embody such statement of facts … Continue reading →

Posted in Complaint/Information, Ejectment, Jurisdiction, Unlawful Detainer | Tagged | Leave a comment

if there is already a writ of execution, there must still be a need for a special order for the purpose of demolition issued by the court before the officer in charge can destroy, demolish or remove improvements over the contested property

Posted on February 24, 2012 by Erineus

Indeed, the basic facts of this case point squarely to the applicability of the law on human relations.  First, the complaint for civil liability was filed way AHEAD of the information on the Anti-Graft Law.  And, the complaint for damages … Continue reading →

Posted in Ejectment, Writ of Execution | Tagged , , , | Leave a comment

Registered owners have a right to eject any person illegally occupying their property. This right is imprescriptible.

Posted on February 2, 2012 by Erineus

Further, it is a fundamental principle in land registration that the certificate of title serves as evidence of an indefeasible and incontrovertible title to the property in favor of the person whose name appears therein.[14] It is conclusive evidence with … Continue reading →

Posted in Certificate of Title, Ejectment, Laches, Land | Tagged | Leave a comment

Issue in Ejectment Case

Posted on November 18, 2010 by Erineus

The only issue in an ejectment case is the physical possession of real property ‒ possession de facto and not possession de jure.    We rule upon the issue of ownership only to determine who between the parties has the better … Continue reading →

Posted in Civil Procedures, Ejectment | Tagged | 2 Comments