This case has been cited 1 times or more.
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2008-07-23 |
BRION, J. |
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| The CA denied the petition and the petitioners' subsequent motion for reconsideration, essentially on the grounds that (1) the issue in an ejectment suit is limited to the physical possession of real property and is separate and distinct from the issue of ownership and possession de jure that either party may set forth in his or her pleading; (2) the pendency of an action for reconveyance of title over the same property or for annulment of deed of sale does not divest the MTC of its jurisdiction to try the forcible entry or unlawful detainer case before it, and that ejectment actions generally cannot be suspended pending the resolution of a case for quieting of title between the same parties over the same subject property; and (3) the case does not fall under the exception provided by the case of Amagan v. Marayag[4], where the Court allowed the suspension of ejectment proceedings because of strong reasons of equity applicable to the case - the demolition of the petitioner's house unless the proceedings would be suspended. The CA ruled that the petitioners' reliance on Amagan was inappropriate because the said case only applies to unlawful detainer actions while the petitioners' ejectment suit is an action for forcible entry. To the CA, the initial tolerance on the part of the private respondents did not convert the nature of their ejectment suit from forcible entry into unlawful detainer, following the reasoning this Court applied in Munoz v. Court of Appeals.[5] | |||||