when the defendant raises the defense of ownership in [her] pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession. In other words, where the parties to an ejectment case raise the issue of ownership, the courts may pass upon that issue to determine who between the parties has the better right, to possess the property. However, where the issue of ownership is inseparably linked to that of possession, adjudication of the ownership issue is not final and binding, but only for the purpose of resolving the issue or possession.
The principal issue must be possession de facto, or actual possession, and ownership is merely ancillary to such issue. The summary character of the proceedings is designed to quicken the determination of possession de facto in the interest of preserving the peace of the community, but the summary proceedings may not be proper to resolve ownership of the property. Consequently, any issue on ownership arising in forcible entry or unlawful detainer is resolved only provisionally for the purpose of determining the principal issue of possession.
Facts: On 12 September 2014, the Knights of Rizal (KOR), a “civic, patriotic, cultural, nonpartisan, non-sectarian and non-profit organization” created under Republic Act No. 646, filed a Petition for Injunction seeking a temporary restraining order, and later a permanent injunction, against the construction of DMCIPDI’s Torre de Manila condominium project. The KOR argues that theContinue reading “Knights of Rizal vs. DMCI Homes, Inc., G.R. No. 213948, April 18, 2017”
Equal Protection, Article III, Section 1 A. ConceptB. Requisites for valid classification1. The Equal Protection Clause does not require the universal application of the law to all persons or things without distinction. What it simply requires is equality among equals as determined according to valid classification. The test developed by jurisprudence here and yonder isContinue reading “IV. Equal Protection, Article III, Sec. 1”