You're currently signed in as:
User

VALENTIN CABRERA v. ELIZABETH GETARUELA

This case has been cited 6 times or more.

2014-12-03
PERLAS-BERNABE, J.
Verily, ejectment cases fall within the original and exclusive jurisdiction of the first level courts by express provision of Section 33 (2)[49] of Batas Pambansa Blg. 129,[50] in relation to Section 1,[51] Rule 70, of the Rules of Court.[52] Even in cases where the issue of possession is closely intertwined with the issue of ownership, the first level courts maintain exclusive and original jurisdiction over ejectment cases,[53] as they are given the authority to make an initial determination of ownership for the purpose of settling the issue of possession.[54] It must be clarified, however, that such adjudication is merely provisional and would not bar or prejudice an action between the same parties involving title to the property. It is, therefore, not conclusive as to the issue of ownership.[55]
2011-05-30
BERSAMIN, J.
(d) Within one year from the making of the last demand to vacate the propertyon the defendant, the plaintiff instituted the complaint for ejectment.[15]
2011-03-23
NACHURA, J.
within one year from the last demand on defendant to vacate the property, the plaintiff instituted the complaint for ejectment.[28]
2010-10-11
VILLARAMA, JR., J.
A complaint sufficiently alleges a cause of action for unlawful detainer if it recites the following: (1) initially, possession of property by the defendant was by contract with or by tolerance of the plaintiff; (2) eventually, such possession became illegal upon notice by plaintiff to defendant of the termination of the latter's right of possession; (3) thereafter, the defendant remained in possession of the property and deprived the plaintiff of the enjoyment thereof; and (4) within one year from the last demand on defendant to vacate the property, the plaintiff instituted the complaint for ejectment.[22]
2010-10-06
NACHURA, J.
(4) within one year from the last demand on defendant to vacate the property, the plaintiff instituted the complaint for ejectment.[14]
2009-09-25
YNARES-SANTIAGO, J.
In Cabrera v. Getaruela,[19] the Court held that a complaint sufficiently alleges a cause of action for unlawful detainer if it recites the following: (1) initially, possession of property by the defendant was by contract with or by tolerance of the plaintiff;