Case Digest (G.R. No. L-22645)
Facts:
Carlos Calubayan and Emilia Ferrer v. Cirilo Pascual, G.R. No. L-22645. September 18, 1967. The Supreme Court En Banc, Angeles, J., writing for the Court.The plaintiffs-appellants, Carlos Calubayan and Emilia Ferrer, purchased two parcels of land (Lots 1 and 3, Block 48 C, Subdivision Plan Psd-15136) from the Philippine Realty Corporation on October 22, 1957, and held title thereto. The defendant-appellee, Cirilo Pascual, occupied a portion of the lots; the complaint describes him as a "squatter" but alleges that his occupancy had been tolerated or permitted even before the 1957 sale.
After the purchase the plaintiffs, on several occasions, notified the defendant that they were the legal owners and asked him to see them to arrange for his continued temporary use of the land; the complaint averred that the defendant ignored these invitations. On February 2, 1963 the plaintiffs served a written notice formally requesting the defendant to vacate the premises within twenty (20) days; the defendant received that notice on February 7, 1963. The plaintiffs filed their complaint in the Court of First Instance of Rizal on May 6, 1963.
The defendant moved to dismiss for lack of jurisdiction, arguing that the action was in substance one for ejectment (forcible entry and detainer) and, because it was filed less than one year after the written demand, fell within the exclusive jurisdiction of the inferior courts. On September 3, 1963 the Court of First Instance issued an order dismissing the complaint. From that order the plai...(Subscriber-Only)
Issues:
- Whether, on the averments of the complaint, the action is one for ejectment (forcible entry and detainer) properly cognizable by an inferior court, or an accion publiciana for recovery of possession within the jurisdiction of the Court of ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
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