Beruflich Dokumente
Kultur Dokumente
Forcible Entry
Possession is unlawful from
beginning
Possession is deprived from
lawful possessor thru FISTS
the
the
Forcible Entry
Recovery of possession d facto
Instituted within 1 year from unlawful
dispossesion
Mode of dispossesion through FISTS
Prescriptive period of 1 year may only be reckoned from the date that
demand is made
- multiple demands:
The one-year period for filing of the complaint is reckoned from the date of
the last demand
Section 3: Summary Procedure (Section 4, Section 5, Section 11, Section
13)
- shall be governed by rules of summary procedure
- exceptions:
1. Cases covered by Agricultural Tenancy Laws
In cases that the defendants, raises the defense of agricultural tenancy
in an ejectment case, the trial court may receive and hear evidence for
the sole purpose of determining whether it possesses jurisdiction over
the case.
2.
- within 5 days from the termination of the preliminary conference, the court shall
issue an order stating the salient points taken during the preliminary conference,
which includes, but not limited to:
a) Arrival at an amicable settlement
b) The admissions of facts
c) Whether judgment on pleadings may be effected
d)
Section 11: Rendition of judgment (Section 17, Section 18 & Section 19)
- judgment will be rendered within 30 days from receipt of affidavits and position
papers, either in favor of the defendant or the plaintiff
- if defendant raises the defense of ownership in forcible entry case:
Jurisdiction will not be affected; decision the issue of ownership shall only be
resolved in order to determine the issue of possession
Consideration: if the question of possession cannot be resolved without
resolving the issue of ownership
xxx judgment shall only be conclusive with respect to the possesion only and
shall in no wise bind the title or affect ownership of the land or building xxx
shall not bar an action between th same parties respecting the title to the
land or building
- execution of judgment:
General Rule: execution shall issue immediately (ministerial duty of the
court)
Exceptions: (concurrent) which results to the stay of execution
a) An appeal has been perfected by the defendant
b) Filing of supersedeas bond
c) Periodic deposits of the rental or reasonable compensation for the use
and occupancy of the property during the pendency of appeal
- effect of failure to comply with any of the requisites for the stay of execution:
Appellate court shall issue an order of execution of judgment with respect to
restoration of possesion
- recoverable damages:
1. Rents
2. Reasonable compensation of the use and occupation of the premises
3. Fair rental value of the property
Section 20: Preliminary mandatory injunction
- upon motion 10 days from the perfection of an appeal, RTC may issue a writ of
preliminary mandatory injunction to restore the plaintiff in possession.
Section 21: Immediate execution on appeal to CA and SC
- immediately executory without prejudice to further appeal