This case has been cited 4 times or more.
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2009-11-25 |
PERALTA, J. |
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| The Complaint alleged that petitioner occupied the subject property by tolerance of the late Arsenio Concepcion. While tolerance is lawful, such possession becomes illegal upon demand to vacate by the owner and the possessor by tolerance refuses to comply with such demand.[29] Respondent sent petitioner a demand letter dated September 22, 2000 to vacate the subject property, but petitioner did not comply with the demand. A person who occupies the land of another at the latter's tolerance or permission, without any contract between them, is necessarily bound by an implied promise that he will vacate upon demand, failing which a summary action for ejectment is the proper remedy against him.[30] Under Section 1, Rule 70 of the Rules of Court, the one-year period within which a complaint for unlawful detainer can be filed should be counted from the date of demand, because only upon the lapse of that period does the possession become unlawful.[31] Respondent filed the ejectment case against petitioner on April 27, 2001, which was less than a year from the date of formal demand. Clearly, therefore, the action was filed within the one-year period prescribed for filing an ejectment or unlawful detainer case. | |||||
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2007-09-05 |
AUSTRIA-MARTINEZ, J. |
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| Although the petitioners may claim prior, continuous and historical possession over the subject property, such is not material, since the case filed with the MTC is one for Unlawful Detainer only, where prior possession of the plaintiff is not required.[20] Further, under Section 47 of P.D. No. 1529 or the Property Registration Decree, title to the land, once registered, is imprescriptible; that is, it may not be acquired even by adverse, open and notorious possession.[21] To a registered owner under the Torrens system, the right to recover possession of the registered property is equally imprescriptible, since possession is a mere consequence of ownership.[22] | |||||
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2002-01-16 |
PARDO, J. |
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| Consequently, having been given a demand to vacate the premises in question, petitioner Eastern Shipping Lines, Inc. is now unlawfully withholding possession of the leased property from Manila Gas Corporation, which is entitled to physical possession as the registered owner of the subject land. The age-old rule is that the person who has a torrens title over a land is entitled to possession thereof.[15] | |||||