This case has been cited 3 times or more.
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2005-03-04 |
QUISUMBING, J. |
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| It is settled that the only issue for resolution in ejectment suits is the physical or material possession of the property involved, independent of any claim of ownership by any of the party litigants.[18] In forcible entry and unlawful detainer cases, even if the defendant raises the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the MTC, nonetheless, has the undoubted competence to provisionally resolve the issue of ownership for the sole purpose of determining the issue of possession.[19] | |||||
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2004-01-29 |
YNARES-SATIAGO, J. |
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| We have, time and again, held that the only issue for resolution in an unlawful detainer case is physical or material possession of the property involved, independent of any claim of ownership by any of the party litigants. Moreover, an ejectment suit is summary in nature and is not susceptible to circumvention by the simple expedient of asserting ownership over the property.[12] | |||||