This case has been cited 4 times or more.
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2015-06-17 |
PEREZ, J. |
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| The correct ruling on jurisdiction notwithstanding, the lower courts’ ruling should be reversed because petitioner failed to prove the allegations in her complaint. Allegation is not tantamount to proof. It must be stressed that one who alleged a fact has the burden of proving it. Mere allegation without supporting evidence is not sufficient to establish a prima facie case of prior physical possession.[17] | |||||
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2011-11-23 |
BERSAMIN, J. |
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| The petitioner apparently relied solely on her bare testimony to establish her allegation of having been misled, and did not present other evidence for the purpose. She seemingly forgot that, firstly, her bare allegation of having been misled was not tantamount to proof, and that, secondly, she, as the party alleging a disputed fact, carried the burden of proving her allegation.[35] In other words, her main duty was to establish her allegation by preponderance of evidence, because her failure to do so would result in her defeat.[36] Alas, she did not discharge her burden. | |||||
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2010-10-11 |
VILLARAMA, JR., J. |
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| In forcible entry, the plaintiff must allege in the complaint, and prove, that he was in prior physical possession of the property in dispute until he was deprived thereof by the defendant by any of the means provided in Section 1, Rule 70 of the Rules either by force, intimidation, threat, strategy or stealth.[20] In unlawful detainer, there must be an allegation in the complaint of how the possession of defendant started or continued, that is, by virtue of lease or any contract, and that defendant holds possession of the land or building "after the expiration or termination of the right to hold possession by virtue of any contract, express or implied." | |||||
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2010-04-12 |
PEREZ, J. |
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| Then as now, petitioner argues that, aside from the admission in the complaint that the subject parcel was left idle and unguarded, respondent's claim of prior possession is clearly negated by the fact that he had been in occupancy thereof since 1999. While prior physical possession is, admittedly, an indispensable requirement in forcible entry cases, the dearth of merit in petitioner's position is, however, evident from the principle that possession can be acquired not only by material occupation, but also by the fact that a thing is subject to the action of one's will or by the proper acts and legal formalities established for acquiring such right.[34] Because possession can also be acquired by juridical acts to which the law gives the force of acts of possession, e.g., donations, succession, execution and registration of public instruments, inscription of possessory information titles and the like, it has been held that one need not have actual or physical occupation of every square inch of the property at all times to be considered in possession.[35] | |||||