EJECTMENT

(FORCIBLE ENTRY AND UNLAWFUL DETAINER)

Barrientos v. Rapal, G.R. No. 169594, July 20,
2011
 An ejectment case is a summary proceeding designed to provide expeditious means to
protect actual possession or the right to possession of the property involved
 The main issue to be resolved here is the issue of possession or the right to hold
possession.
POSSESSION


Art. 523 (NEW CIVIL CODE) - Possession is the holding of a thing or the enjoyment of
a right
VIEWPOINTS OF POSSESSION

 1. Right to possession or jus possidendi—possession de facto; incident of ownership

 2. Right of possession or jus possessions—possession de jure; independent of ownership
DEGREES OF POSSESSION

 Mere holding or having without any right whatsoever— grammatical degree

 Possession with juridical title—juridical possession
 Possession with just title but not from the real owner—real possessory right
 Possession with title of dominium, with a just title from the owner
REQUISITES OR ELEMENTS OF POSSESSION

1. There must be holding or control of a thing or right

2. There must be a deliberate intention to possess or animus possidendi
3. The possession must be by virtue of one’s own right
CLASSES OF POSSESSION

 In one’s own name or in that of another

 In the concept of owner or concept of holder
 In good faith or in bad faith
OWNERSHIP IS DIFFERENT FROM POSSESSION

 A person may be declared the owner but he may not be entitled to possession
 A judgment for ownership doesn't necessarily include possession as a necessary incident

Art. 524. Possession may be exercised in one's own name or in that of another. (413a)
RULE 70 (RULES OF COURT)

 Section 1. Who may institute proceedings, and when. — Subject to the provisions of the
next succeeding section, a person deprived of the possession of any land or building by
force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person
against whom the possession of any land or building is unlawfully withheld after the
expiration or termination of the right to hold possession, by virtue of any contract, express
or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or
other person, may, at any time within one (1) year after such unlawful deprivation or
withholding of possession, bring an action in the proper Municipal Trial Court against the
person or persons unlawfully withholding or depriving of possession, or any person or
persons claiming under them, for the restitution of such possession, together with damages
and costs.
Dionisio v. Linsangan, G.R. No. 178159,
March 2, 2011
 An action for “forcible entry” must contain allegation that one is in possession of the 
property and was ousted therefrom either by force, intimidation, threat, strategy, or stealth,
an element of that kind of eviction suit.
 On the other hand, an action is for unlawful detainer if the complaint sufficiently alleges
the following: (1) initially, the defendant has possession of property by contract with or by
tolerance of the plaintiff; (2) eventually, however, such possession became illegal upon
plaintiff’s notice to defendant, terminating the latter’s right of possession; (3) still, the
defendant remains in possession, depriving the plaintiff of the enjoyment of his property;
and (4) within a year from plaintiff’s last demand that defendant vacate the property, the
plaintiff files a complaint for defendant’s ejectment. If the defendant had possession of the
land upon mere tolerance of the owner, such tolerance must be present at the beginning of
defendant’s possession.