This case has been cited 1 times or more.
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2007-01-24 |
CORONA, J. |
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| "In an action for forcible entry, the plaintiff must prove that he was in prior possession of the land or building and that he was deprived thereof by means of force, intimidation, threat, strategy or stealth."[9] The plaintiff, however, cannot prevail where it appears that, as between himself and the defendant, the latter had possession antedating his own.[10] We are generally precluded in a Rule 45 petition from reviewing factual evidence tracing the events prior to the first act of spoliation.[11] However, the conflicting factual findings of the MTC and RTC on one hand, and the CA on the other, require us to make an exception. | |||||