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ALMARIO BEJAR v. MARICEL CALUAG

This case has been cited 7 times or more.

	GR No. 182886 2015-03-09	SPS. SALVADOR P. NORBERTE v. SPS. FELICISIMO G. MEJIA AND ELVIRA C. MEJIA AND THEIR HEIRS PERALTA, J.
In summary ejectment suits (unlawful detainer and forcible entry), the only issue to be determined is who between the contending parties has better possession of the contested property. The' Municipal Trial Courts, Metropolitan Trial Courts in Cities, and the Municipal Circuit Trial Courts exercise exclusive original jurisdiction over these cases and the proceedings are governed by the Rules on Summary Procedure. On the other hand, accion publiciana, also known as accion plenaria de posesion, is a plenary action for the recovery of possession in an ordinary civil proceeding to determine the better and legal right to possess, independently of title. The main distinctions between these two remedies lie in the period within which the action can be instituted and in the court which exercises jurisdiction over the matter. Actions for unlawful detainer and forcible entry must be filed within one (1) year from the date possession is lost, while accion publiciana may be filed only after the expiration of that period but within the period prescribed in the statute of limitations. An accion publiciana may only be filed with the RTC, while a complaint, for unlawful detainer or forcible entry may only be filed with the first level courts.[6]
	GR No. 181368 2012-02-22	GEORGE S. TOLENTINO v. PACIFICO S. LAUREL PERALTA, J.
Besides, it must be emphasized that the action filed before the trial court is an accion publiciana, which is a plenary action for recovery of possession in an ordinary civil proceeding in order to determine the better and legal right to possess, independently of title.[18] The objective of the plaintiffs in an accion publiciana is to recover possession only, not ownership. However, where the parties raise the issue of ownership, the courts may pass upon the issue to determine who between the parties has the right to possess the property. This adjudication, however, is not a final and binding determination of the issue of ownership; it is only for the purpose of resolving the issue of possession, where the issue of ownership is inseparably linked to the issue of possession. The adjudication of the issue of ownership, being provisional, is not a bar to an action between the same parties involving title to the property.[19]
	GR No. 165851 2011-02-02	MANUEL CATINDIG v. AURORA IRENE VDA. DE MENESES PERALTA, J.
Besides, it must be emphasized that this case is one for recovery of possession, also known as accion publiciana, which is a plenary action for recovery of possession in an ordinary civil proceeding, in order to determine the better and legal right to possess, independently of title.[10] The objective of the plaintiffs in accion publiciana is to recover possession only, not ownership. However, where the parties raise the issue of ownership, the courts may pass upon the issue to determine who between the parties has the right to possess the property. This adjudication, however, is not a final and binding determination of the issue of ownership; it is only for the purpose of resolving the issue of possession where the issue of ownership is inseparably linked to the issue of possession. The adjudication of the issue of ownership, being provisional, is not a bar to an action between the same parties involving title to the property.[11]
	GR No. 189859 2010-10-18	PIO MODESTO v. CARLOS URBINA BRION, J.
An accion publiciana is an ordinary civil proceeding to determine the better right of possession of realty independently of title.[9] Accion publiciana is also used to refer to an ejectment suit where the cause of dispossession is not among the grounds for forcible entry and unlawful detainer, or when possession has been lost for more than one year and can no longer be maintained under Rule 70 of the Rules of Court. The objective of a plaintiff in accion publiciana is to recover possession only, not ownership.[10]
	GR No. 164402 2010-07-05	ASUNCION URIETA VDA. DE AGUILAR v. SPS. EDERLINA B. ALFARO AND RAUL ALFARO DEL CASTILLO, J.
Also known as accion plenaria de posesion,[18] accion publiciana is anordinary civil proceeding to determine the better right of possession of realty independently of title.[19] It refers to an ejectment suit filed after the expiration of one year from the accrual of the cause of action or from the unlawful withholding of possession of the realty.[20]
	GR No. 150887 2009-08-14	FRANCISCO MADRID· v. SPS. BONIFACIO MAPOY AND FELICIDAD MARTINEZ BRION, J.
Accion publiciana, also known as accion plenaria de posesion,[10] is an ordinary civil proceeding to determine the better right of possession of realty independently of title.[11] It refers to an ejectment suit filed after the expiration of one year from the accrual of the cause of action or from the unlawful withholding of possession of the realty.[12]
	GR No. 130841 2008-02-26	SPS. VIRGINIA G. GONZAGA G.R. No. 130841 and ALFREDO GONZAGA v. CA VELASCO JR., J.
To make out a suit for illegal detainer or forcible entry, the complaint must contain two mandatory allegations: (1) prior physical possession of the property by the plaintiff; and (2) deprivation of said possession by another by means of force, intimidation, threat, strategy or stealth. This latter requirement implies that the possession of the disputed property by the intruder has been unlawful from the very start. Then, the action must be brought within one year from the date of actual entry to the property or, in cases where stealth was employed, from the date the plaintiff learned about it.[18] (Emphasis supplied.)