This case has been cited 2 times or more.
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2009-12-15 |
ABAD, J. |
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| But, ownership of the land is not the issue in forcible entry actions. The issue in such actions is who among the parties has prior possession de facto.[11] While the trial court may have to determine the issue of ownership, such determination is only provisional, to ascertain who among the parties has a better right of possession.[12] | |||||
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2009-09-04 |
YNARES-SANTIAGO, J. |
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| While petitioners hold title to the subject property where the house was located, the sole issue in forcible entry cases is who had prior possession de facto of the disputed property.[21] In Dy, the Court held that these are summary proceedings intended to provide an expeditious means of protecting actual possession or right of possession of property. Title is not involved; that is why it is a special civil action with a special procedure.[22] | |||||