Muñoz vs.

Court of Appeals, 214 SCRA 216, September 23, 1992 (IMPT)

Garcia filed UD against def

Garcia alleged that he is one of the co-owners of the land and def constructed house w/o knowledge of owner and he
sent demand letters but same unheeded

Defenses raised affirmative defenses - not an ejectment case, MTC no jurisdiction. This is accion publiciana.

The issue first here is UD ba ito or FE? FE. Second Issue is, is this an ejectment case?

According to the MTC, this is an UD, ganun din ang CA. Sabe ng CA Tolerance daw. Oral commodatum.

SC said, the allegation is not one for unlawful detainer.

Garcia alleged therein that from the start, the possession of the petitioner was unlawful as it was stated that the
defendants have constructed their houses on the questioned premises stealthily, that is, without the knowledge and
consent of his co-owners. This allegation clearly characterized the complaint as one for forcible entry and not for
unlawful detainer

question to be resolved in FE is: First, who had actual possession over the piece of real property? (kaya need allege prior
physical possession) Second, was the possessor ousted therefrom within one year from the filing of the complaint by
force, threat, strategy or stealth? lastly, does the plaintiff ask for the restoration of his possession?

Kaso… d sinabe when nangyare ung entry or when plaintiff learned of such entry (knowledge). The failure of the private
respondent to allege the time when unlawful deprivation took place is fatal because this will determine the start of the
counting of the one year period for the filing of the summary action of forcible entry.
If u read the rules on summary procedure, before court issues summons, it must examine the allegations of the
complaint. So if ejectment case tgnan muna if FE or UD, otherwise if hindi, accion publiciana or accion reinvidicatoria.
Question now is does MTC have jurisdiction over an action for reinvidicatoria or publiciana? Yes provided AV does not
exceed 400k. However, where jurisdiction is determined by an amount..