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EVANGELINE A. LEONIN v. CA

This case has been cited 2 times or more.

2013-11-27
SERENO, C.J.
The importance of making a demand cannot be overemphasized, as it is jurisdictional in nature.[49] The one-year prescriptive period for filing a case for unlawful detainer is tacked from the date of the last demand, the reason being that the other party has the right to waive the right of action based on previous demands and to let the possessor remain on the premises for the meantime.[50]
2012-06-20
SERENO, J.
In case several demands to vacate are made, the period is    reckoned from the date of the last demand.[67] In Leonin v. Court of Appeals,[68] the Court, speaking through Justice Conchita Carpio Morales, reckoned the one-year period to file the unlawful detainer Complaint filed on 25 February 1997 from the latest demand letter dated 24 October 1996, and not from the earlier demand letter dated 03 July 1995: Prospero Leonin (Prospero) and five others were co-owners of a 400-square meter property located at K-J Street, East Kamias, Quezon City whereon was constructed a two-storey house and a three-door apartment identified as No. 1-A, B, and C.