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Reyes vs. Sta. Maria

ARTEMIO C. REYES and HILARION C. REYES, petitioners, vs. HON. ANDRES STA. MARIA, Presiding Judge, Court of First Instance of Bulacan, Branch II, HILARIA SANTOS VDA. DE LOPEZ and PILAR SANTOS, respondents.

G.R. No. L-33213 | 1979-06-29

D E C I S I O N

TEEHANKEE, J:

The Court sets aside the lower court's Order which dismissed petitioners-plaintiffs' complaint filed before it for recovery of the property in the possession of respondents-defendants and for declaration of ownership thereof as against said respondents' contrary claim of ownership on the ground of alleged lack of jurisdiction. Such action was clearly an accion publiciana for the recovery of the right to possess (possesion de jure) (if not an accion reivindicatoria) falling within the lower court's jurisdiction and not a mere action for detainer to recover physical possession (possession de facto) which would...