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SPS. WILLIAM AND JANE JEAN DIU v. DOMLNADOR IBAJAN

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GR No. 161589
2014-11-24
PENTA PACIFIC REALTY CORPORATION v. LEY CONSTRUCTION
BERSAMIN, J.
A defendant's claim of possession de jure or his averment of ownership does not render the ejectment suit either accion publiciana or accion reivindicatoria. The suit remains an accion interdictal, a summary proceeding that can proceed independently of any claim of ownership.[36] Even when the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership is to be resolved only to determine the issue of possession.[37]