This case has been cited 4 times or more.
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2015-06-17 |
PEREZ, J. |
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| Well-settled is the rule that the jurisdiction of the Court, as well as the nature of the action, are determined by the allegations in the complaint.[12] Section 1, Rule 70[13] of the Rules of Court requires that in actions for forcible entry, the plaintiff is allegedly deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth and that the action is filed any time within one year from the time of such unlawful deprivation of possession. This requirement implies that in such cases, the possession of the land by the defendant is unlawful from the beginning as he acquires possession thereof by unlawful means. The plaintiff must allege and prove that he was in prior physical possession of the property in litigation until he was deprived thereof by the defendant. If the alleged dispossession did not occur by any of the means stated in section 1, Rule 70 either by force, intimidation, threat, strategy or stealth, the proper recourse is to file a plenary action to recover possession with the RTC.[14] | |||||
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2010-04-12 |
PEREZ, J. |
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| The rule is no different in actions for forcible entry where the following requisites are essential for the MeTC's acquisition of jurisdiction over the case, viz.: (a) the plaintiffs must allege their prior physical possession of the property; (b) they must assert that they were deprived of possession either by force, intimidation, threat, strategy or stealth; and, (c) the action must be filed within one (1) year from the time the owners or legal possessors learned of their deprivation of the physical possession of the property.[28] As it is not essential that the complaint should expressly employ the language of the law, it is considered a sufficient compliance of the requirement where the facts are set up showing that dispossession took place under said conditions.[29] The one-year period within which to bring an action for forcible entry is generally counted from the date of actual entry on the land, except that when the entry is through stealth, the one-year period is counted from the time the plaintiff learned thereof.[30] | |||||
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2005-09-02 |
QUISUMBING, J. |
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| The unlawful activities by the defendants and their refusal to stop despite demand prompted plaintiff to send them demand letter dated October 1, 1997, copy of which is hereto attached as Annex "G", but in spite of the receipt of said letter, the defendants ignored it and continued in their activities dispossessing plaintiff of its peaceful possession over the property. In fact, the defendants even proceeded in laying the foundation of the construction of a building as shown in the photographs hereto attached as Annex "H".[16] In actions for forcible entry, it may be stressed, two allegations are mandatory for the municipal court to acquire jurisdiction. First, the plaintiff must allege his prior physical possession of the property. Second, he must also allege that he was deprived of his possession by any of the means provided for in Section 1, Rule 70 of the Rules of Court, namely, force, intimidation, threat, strategy, and stealth.[17] If the alleged dispossession did not occur by any of these means, the proper recourse is to file not an action for forcible entry but a plenary action to recover possession with the Regional Trial Court.[18] | |||||
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2001-10-19 |
DE LEON, JR., J. |
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| Section 1, Rule 70 of the Revised Rules of Court[18] requires that in actions for forcible entry the plaintiff is allegedly deprived of the possession of land or building by force, intimidation, threat, strategy, or stealth and that the action shall be filed within one year from the time of such unlawful deprivation of possession. This requirement implies that the possession of the disputed land by the defendant is unlawful from the beginning as he acquired possession thereof by unlawful means. The plaintiff must allege and prove that he was in prior physical possession of the property in litigation until he was deprived thereof by the defendant. The one year period within which to bring an action for forcible entry is generally counted from the date of actual entry by the defendant on the land.[19] | |||||