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Barrientos v Rapal

Facts:
Rapal acquired 235 square meter parcel of land which was said to be a portion of the
estate of Don Mariano.

Respondent constructed a semi-concrete house on the lot and took actual possession of
the property by himself through his caretakers. Respondent allowed petitioner Bienvenido and
his family to stay on the subject property as caretakers on the condition that the
petitioner will vacate the premises when respondent would need the property. But when
respondent demanded to vacate, the petitioner refused. Respondent filed a cased for
unlawful detainer. The court ruled in favor of the respondent. RTC reversed but CA affirmed the
MeTC ruling. Hence, this petition issue:
WHETHER THE ISSUE OF OWNERSHIP CAN BE INITIALLY RESOLVED FOR THE
PURPOSE OF DETERMINING THE ISSUE OF POSSESSION.
Ruling:
The petition is i#"$n"%e&i!.In!he'(#e(!)(&*)"!he!i!
i"ne&(n+&e#"n+en!,e&e'l(i%ing",ne&#hi"-e&!he#u)e'!
&"e&!/.Hen'e*!heCA'"&&e'!l/!"u'he+u"n!
hei##ue"$",ne&#hi"nl/!"+e!e&%ine,h")e!,een!he(&!ie#h(#!
he&igh!!""##e##!he#u)e'!&"e&!/

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