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SPS. BELINDA LIU v. MARCELINA ESPINOSA

FACTS:

Belinda Y. Liu and Hsi Pin Liu are the owners of a parcel of land in Davao City. The land was acquired from their predecessor-in-interest who allowed the respondents to occupy the property. However, when the petitioners demanded that the respondents vacate the land, they refused to comply. Consequently, the petitioners filed a complaint for Unlawful Detainer in the MTCC. The MTCC ruled in favor of the petitioners, stating that they are the rightful possessors of the property and ordered the respondents to vacate. The respondents then appealed to the RTC, which affirmed the MTCC's decision. Displeased with the ruling, the respondents filed a Petition for Review before the Court of Appeals.

ISSUES:

  1. Whether the respondents' possession of the subject property is by tolerance of the petitioners.

  2. Whether the lower courts had jurisdiction over the action for unlawful detainer.

RULING:

  1. The respondents' possession of the subject property is by tolerance of the petitioners.

  2. The lower courts had jurisdiction over the action for unlawful detainer.

PRINCIPLES:

  • Unlawful Detainer - The action for unlawful detainer is a summary proceeding designed to provide an expeditious means to protect actual possession or the right to possession of the property without prejudice to the issue of ownership. It applies when possession of any land, building, or other real property is unlawfully withheld from the plaintiff who is entitled to its possession by virtue of the termination or expiration of the right to hold possession under any contract, express or implied.

  • Possession by Tolerance - Possession by tolerance refers to a situation where one occupies the land of another with the latter's permission, but without any contract of lease or any other consensual arrangement between them determining the terms of occupation.

  • Jurisdiction of the Municipal Trial Court in Unlawful Detainer Cases - The Municipal Trial Court has jurisdiction over actions for unlawful detainer when the possession of any land, building, or other real property is unlawfully withheld from the plaintiff after the expiration or termination of the right to hold possession under any contract, express or implied.

  • Elements of Unlawful Detainer - The elements of unlawful detainer are: (1) the fact of lease, possessory right, or ownership by the plaintiff; (2) the deprivation of possession by the defendant; and (3) the withholding of possession by the defendant or the refusal to vacate the property despite the expiration or termination of the plaintiff's right to hold possession.