This case has been cited 2 times or more.
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2009-05-08 |
TINGA, J. |
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| The other cases[44] cited by DBP also support the finding of PNA as a third party claiming an adverse right. These cases support the ruling that trespassers or intruders without title can be evicted by writ of possession. However, the issuance of the writ of possession in these cases, except for one, is not pursuant to the foreclosure of a mortgage under Act No. 3135, as amended. The said cases involve different judicial proceedings which have for its purpose the recovery of property. Thus, Caballero v. Court of Appeals involves an action for cancellation of sale. Mendoza v. National Housing Authority and Galay v. Court of Appeals are cases for ejectment. E.B. Marcha Transport Co. v. Intermediate Appellate Court involves a case for recovery of possession of property. Rodil v. Benedicto and Demorar v. Ibanez concern registration proceedings. It should be noted too that in these cases, there was a categorical finding by the courts, or there was an admission by the parties, that the persons to be evicted are indeed squatters or intruders without any right to the property. | |||||
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2004-06-03 |
CARPIO, J. |
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| [80] Caballero v. Court of Appeals, G.R. No. 59888, 29 January 1993, 218 SCRA 56; Florendo, Jr. v. Coloma, G.R. No. L-60544, 19 May 1984, 214 SCRA 268. | |||||