Saturday, March 17, 2012

Unlawful Detainer

In Cabrera v. Getaruela, the Court held that a complaint sufficiently alleges a cause of action for unlawful detainer if it recites the following:

(1) initially, possession of property by the defendant was by contract with or by tolerance of the plaintiff;

(2) eventually, such possession became illegal upon notice by plaintiff to defendant of the termination of the latter’s right of possession;

(3) thereafter, the defendant remained in possession of the property and deprived the plaintiff of the enjoyment thereof; and

(4) within one year from the last demand on defendant to vacate the property, the plaintiff instituted the complaint for ejectment (Ruben C. Copuz, rep. by Atty.-in-fact Wenifreda C. Agullana Vs. Sps. Hilarion Agustin and Justa Agustin, G.R. No. 183822. January 18, 2012).

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