This case has been cited 1 times or more.
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2011-09-07 |
VILLARAMA, JR., J. |
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| There is no dispute that the RTC is vested with appellate jurisdiction over ejectment cases decided by the MeTC, MTC or MCTC. We note that petitioners' attack on the validity of the RTC decision pertains to a relief erroneously granted on appeal, and beyond the scope of judgment provided in Section 6 (now Section 17) of Rule 70.[18] While the court in an ejectment case may delve on the issue of ownership or possession de jure solely for the purpose of resolving the issue of possession de facto, it has no jurisdiction to settle with finality the issue of ownership[19] and any pronouncement made by it on the question of ownership is provisional in nature.[20] A judgment in a forcible entry or detainer case disposes of no other issue than possession and establishes only who has the right of possession, but by no means constitutes a bar to an action for determination of who has the right or title of ownership.[21] We have held that although it was proper for the RTC, on appeal in the ejectment suit, to delve on the issue of ownership and receive evidence on possession de jure, it cannot adjudicate with semblance of finality the ownership of the property to either party by ordering the cancellation of the TCT.[22] | |||||