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Position Paper (For The Defendants)
Position Paper (For The Defendants)
-versus-
POSITION PAPER
(FOR THE DEFENDANTS)
PREFATORY STATEMENT
Forcible entry and unlawful detainer cases are two distinct actions
defined in the afore-cited provision. In Forcible Entry, one employs
force, intimidation, threat, strategy or stealth to deprive another of
physical possession of the land, (Montanez vs. Mendoza, 392 SCRA
541). Possession by the defendant of the subject property is unlawful
ab initio.
In Go, Jr. vs. CA, 362 SCRA 755, it was adjudicated that tolerance
must be present right from the start of possession sought to be
recovered to be within the purview of unlawful detainer.
Basic is the rule that what determines the nature of the action
and what court has jurisdiction over it are the averments or allegations
in the complaint and the character of the remedy or relief sought. As in
the case of unlawful detainer, the permission or tolerance must be
present at the outset or at the beginning of the possession. If not, a
case of forcible entry is the proper remedy. The time or period
mandated by law should be complied with. Otherwise, prescription
steps into the picture (Notes and Cases on Ejectment, Igmidio Cuevas
Lat, p.1, 2005).
The one year period within which to bring an action for forcible
entry is reckoned from the date of actual entry to the land, (Gener vs.
De Leon, 367 SCRA 631). After the lapse of the one-year period, the
party dispossessed of a parcel of land can file either an accion
publiciana or accion reivindicatoria.
He who alleges must prove and the party having the onus
probandi must establish his case by preponderance of evidence.
Indeed, if the plaintiffs are the owners of the subject property and
they were unlawfully deprived of the real right of possession or
ownership thereof, they should present their claim before the RTC in an
accion publiciana or an accion reivindicatoria, and not before the
municipal trial court in a summary proceeding of unlawful detainer or
forcible entry.
PRAYER
Other reliefs that are just and equitable under the premises are
likewise prayed for.
VERIFICATION
Doc No._____;
Page No.____;
Book No.____;
Series of 2015.
RODERICK M CRUZ