This case has been cited 1 times or more.
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2015-09-02 |
PERALTA, J. |
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| Likewise, the MTCC and the CA are correct that the meat of the controversy between herein parties is the actual boundaries or the metes and bounds of their respective lots. On this matter, Manalang v. Bacani[5] is quite instructive:x x x a boundary dispute must be resolved in the context of accion reivindicatoria, not an ejectment case. The boundary dispute is not about possession, but encroachment, that is, whether the property claimed by the defendant formed part of the plaintiffs property. A boundary dispute cannot be settled summarily under Rule 70 of the Rules of Court, the proceedings under which are limited to unlawful detainer and forcible entry. In unlawful detainer, the defendant unlawfully withholds the possession of the premises upon the expiration or termination of his right to hold such possession under any contract, express or implied. The defendant's possession was lawful at the beginning, becoming unlawful only because of the expiration or termination of his right of possession. In forcible entry, the possession of the defendant is illegal from the very beginning, and the issue centers on which between the plaintiff and the defendant had the prior possession de facto.[6] | |||||