This case has been cited 1 times or more.
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2009-03-13 |
AUSTRIA-MARTINEZ, J. |
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| Moreover, petitioner's intervention in the ejectment case would not result in a complete adjudication of her rights. The issue raised by petitioner is mainly that of ownership, claiming that the property in dispute was registered and titled in the name of respondents through the use of fraud. Such issue cannot even be properly threshed out in an action for ejectment, as Section 18, Rule 70 provides that "[t]he judgment rendered in an action for forcible entry or detainer shall be conclusive with respect to the possession only and shall in no wise bind the title or affect the ownership of the land or building. x x x" In Malison v. Court of Appeals,[25] the Court held thus:Verily, in ejectment cases, the word "possession" means nothing more than actual physical possession, not legal possession, in the sense contemplated in civil law. The only issue in such cases is who is entitled to the physical or material possession of the property involved, independently of any claim of ownership set forth by any of the party-litigants. It does not even matter if the party's title to the property is questionable.[26] (Emphasis supplied) | |||||