Category Archives: Unlawful Detainer

The one-year period within which a complaint for unlawful detainer can be filed should be counted from the date of demand, because only upon the lapse of that period does the possession become unlawful

Posted on February 29, 2012 by Erineus

Sections 1 and 2, Rule 70 of the Rules of Court provide: Section 1. Who may institute proceedings and when. – Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or … Continue reading →

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Allegation in the complaint in actions for forcible entry and unlawful detainer cases compared and distinguised

Posted on February 29, 2012 by Erineus

RTC, likewise erroneously applied the rule that jurisdictional facts must appear on the face of the complaint for ejectment, such that when the complaint fails to faithfully aver facts constitutive of unlawful detainer, as where it does not state when … Continue reading →

Posted in Complaint/Information, Forcible Entry, Jurisdiction, Unlawful Detainer | Tagged | 1 Comment

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 →

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