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G.R. No. 176055

The document summarizes a court case between the Spouses Dela Cruz and the Spouses Capco regarding possession of a property. The Spouses Dela Cruz filed an unlawful detainer case, alleging that Teodora Concio acquired ownership of the property through a land registration case and later conveyed it to the Spouses Dela Cruz. The Spouses Capco refused to vacate the property. The court found that the Spouses Dela Cruz established ownership of the property through documents showing the land registration and conveyance to them. Therefore, the court ruled that as the owners, the Spouses Dela Cruz have the right to possess the property.

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230 views1 page

G.R. No. 176055

The document summarizes a court case between the Spouses Dela Cruz and the Spouses Capco regarding possession of a property. The Spouses Dela Cruz filed an unlawful detainer case, alleging that Teodora Concio acquired ownership of the property through a land registration case and later conveyed it to the Spouses Dela Cruz. The Spouses Capco refused to vacate the property. The court found that the Spouses Dela Cruz established ownership of the property through documents showing the land registration and conveyance to them. Therefore, the court ruled that as the owners, the Spouses Dela Cruz have the right to possess the property.

Uploaded by

KidMonkey2299
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No.

176055          
  
SPOUSES EDMUNDO DELA CRUZ and AMELIA CONCIO-DELA CRUZ, petitioners,
-versus-
SPOUSES RUFINO R. CAPCO AND MARTY1 C. CAPCO, respondents.

Art. 428 The owner has the right to enjoy and dispose of a thing, without other limitations
than those established by law.
Recovery of Real Property – Unlawful Detainer - the action that must be brought when
possession by a landlord, vendor, vendee or other person of any land or building is being
unlawfully withheld after the expiration or termination of the right to hold possession, by
virtue of any contract, express or implied. In such a case, prior physical possession IS NOT
required.

March 17, 2014

FACTS OF THE CASE:


Spouses Dela Cruz filed a Complaint for Unlawful Detainer against the spouses Capco
before the MeTC of Pateros. They alleged that Teodora T. Concio, mother of petitioner Amelia
Concio-Dela Cruz, acquired ownership over a piece of land by virtue of a Decision rendered by
the RTC of Pasig, Branch 151 in Land Registration Case No. 9511. Petitioners further alleged
that Teodora, out of neighborliness and blood relationship, tolerated the spouses Capco’s
occupation thereof.
The property was subsequently conveyed to the petitioners. Intending to construct a
house thereon and utilize the space for their balut and salted eggs business, petitioners thus
demanded that the respondents vacate the property. The respondents refused.
In their answer, respondents pointed out that the complaint is defective for failing to
allege the exact metes and bounds of the property. Neither is a title attached thereto to show that
petitioners are the owners of the disputed property.

ISSUE/S:
Whether or not the spouses Dela Cruz have the better right to possess the property.

CONCLUSION:
The spouses Dela Cruz are able to establish by preponderance of evidence that they are
the rightful possessors of the property."The only issue in an ejectment case is the physical
possession of real property – possession de facto and not possession de jure." But "where the
parties to an ejectment case raise the issue of ownership, the courts may pass upon that issue to
determine who between the parties has the better right to possess the property." However, it must
be emphasized that "[t]he adjudication of the issue of ownership is only provisional, and not a
bar to an action between the same parties involving title to the property."
The spouses Dela Cruz were able to prove by preponderance of evidence that they are the
owners of the lot. Their allegation is supported by a copy of the decision in Land Registration
Case No. 9511, title of land issued to Teodora and extra-judicial settlement of the estate of
Teodora conveying the said property to Amelia. Petitioners are better entitled to the material
possession of the subject property. As its present owners, they have a right to the possession of
the property which is one of the attributes of ownership. Petition is granted.

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