Position Paper Unlawful Detainer

Republic of the Philippines MUNICIPAL TRIAL COURT Branch ___  Lucena City

Juan

Ciil Case No! "#$%&#$ Plaintiff' ersus

Pe(ro' ,efen(ant! -- - - - - - - - - - - - - --

&for& )*ect+ent

PO.TION PAP)R  /for the respon(ent0 Defe Defend ndan ant, t, thro throug ugh h coun counse sel, l, and and unto unto this this Hono Honora rabl blee Cour Courtt respectfully states: BAC12ROUN, O3 T4) CA.)

This is an ejectment case for unlawful detainer filed by petitioner Juan wherein the 1 meters of his land was allegedly occupied by !edro on which the latter"s comfort room stands#

.TAT)M)NT O3 3ACT.

!edro built built a house adjacent adjacent to the the lot of Juan# $fter $fter Juan secured secured geodetic sur%ey and found out that the ten &1' s(uare meters were allegedly illegally sei)ed by respondent !edro which led him to file a complaint for  ejectment against the respondent where Juan is the registered owner# $llege $llegedly dly,, the comfort comfort room room of !edro !edro which which costs costs *, *,  pesos pesos stands and encroached into the said ten &1' s(uare meters of Juan"s lot#

.TAT)M)NT .TAT)M)NT O3 T4) I..U) +hether or not !edro should be ejected and who has the better right o%er the disputed property

,I.CU..ION

The plaintiff in this case has no cause of action for an ejectment case for unlawful detainer# ne of the three .inds of action for the reco%ery of   possession of real property is /accion interdictal, or an ejectment proceeding ### which may be either that for forcible entry & detentacion' or unlawful detainer &desahucio', which is a summary action for the reco%ery of physical  possession where the dispossession has not lasted for more than one year, and should be brought in the proper inferior court#0 1 nstructi%e on this matter is  Carbonilla v. Abiera 2 which reads thus: Without a doubt, the registered owner of real property is entitled to its possession. However, the owner cannot simply wrest possession thereof from whoever is in actual occupation of the property. To recover possession, he must resort to the  proper judicial remedy and, once he chooses what action to  file, he is reuired to satisfy the conditions necessary for such action to prosper. n the present case, petitioner opted to file an ejectment case against respondent# 2jectment case3unlawful detainer3is summary proceeding designed to pro%ide e4peditious means to protect actual possession or the right to possession of the property in%ol%ed# The only (uestion that the courts resol%e in ejectment proceedings is: who is entitled to the physical  possession of the premises, that is, to the possession de facto and not to the  possession de jure# t does not e%en matter if a party"s title to the property is (uestionable# 5or this reason, an ejectment case will not necessarily be decided in fa%or of one who has presented proof of ownership of the subject  property# 6ey jurisdictional facts constituti%e of the particular ejectment case filed must be a%erred in the complaint and sufficiently pro%en# $ re(uisite for a %alid cause of action in an unlawful detainer case is that possession must be originally lawful, and such possession must ha%e turned unlawful only upon the e4piration of the right to possess# t must be shown that the possession was initially lawful7 hence, the basis of such lawful possession must be established# n this case, petitioner has not established when respondents"  possession of the properties became unlawful 8 a re(uisite for a %alid cause of action in an unlawful detainer case# n Canlas vs. Tubil !, the 9upreme Court enumerated the elements that constitute the sufficiency of a complaint for unlawful detainer, as follows: 1 Florenz D. Regalado, Remedial Law Compendium I (7 th Rev. Edition, 27!. 2 ".R. #o. 177$%7, 2$ &ul' 21, $2 )CR* +$1 % ".R. #o. 1+2, 2 )eptem-er 2, $1 )CR* 1+7

+ell-settled is the rule that what determines the nature of the action as well as the court which has jurisdiction o%er the case are the allegations in the complaint# n ejectment cases, the complaint should embody such statement of facts as to bring the party clearly within the class of cases for  which the statutes pro%ide a remedy, as these proceedings are summary in nature# The complaint must show enough on its face to gi%e the court  jurisdiction without resort to parol e%idence#  nlawful detainer is an action to reco%er possession of real property from one who illegally withholds possession after the e4piration or  termination of his right to hold possession under any contract, e4press or  implied# The possession of the defendant in unlawful detainer is originally legal but became illegal due to the e4piration or termination of the right to  possess#  n Corpu" vs. #pouses Agustin $, the Court held that a complaint sufficiently alleges a cause of action for unlawful detainer if it recites the following:  &1' initially, possession of property by the defendant was by contract with or by tolerance of the plaintiff7 &;' e%entually, such possession became illegal upon notice by  plaintiff to defendant of the termination of the latter"s right of possession7 &*' thereafter, the defendant remained in possession of the property and depri%ed the plaintiff of the enjoyment thereof7 and &