Rule 70: Ejectment

Forcible entry vs. Unlawful detainer

Forcible entry
Prescription:
- From discovery
-

Unlawful detainer
- By means of tolerance
- Demand is mandatory and jurisdictional
Prescription: 1 year from demand

Why there is no more demand in unlawful detainer:

3 types of recovery of possession

1. Action interdictal
- May be either forcible entry or unlawful detainer which is a summary of action for
recovery of physical possession
- Dispossession has not lasted for more than 1 year
- Brought in inferior court

2. Action publiciana
- plenary action for recovery of real right possession
- should be brought in proper RTC when dispossession has lasted for more than 1 year
- or depending on the amount (RTC is more than 20K)
3. Action reivindicatoria or action de revindication
-
REPLY
- If the defendant proposes

May the court tackle ownership issues in ejectment cases?

- Sec 16.
- Only to determine issues of ownership

Possession de jure and possession de facto

During the pendency of the case when
- Can be filed recovery of ownership
-

Memorize (IRAS)
Injunction
Receivership

LAPUS (status qou)

56790-