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Manuel Lao vs. Court of Appeals, et al.

MANUEL LAO, petitioner vs. COURT OF APPEALS and BETTER HOMES REALTY & HOUSING CORPORATION, respondents.

G.R. No. 115307 | 1997-07-08

D E C I S I O N


PANGANIBAN, J.:

As a general rule, the main issue in an ejectment suit is possession de facto, not possession de jure. In the event the issue of ownership is raised in the pleadings, such issue shall be taken up only for the limited purpose of determining who between the contending parties has the better right to possession. However, where neither of the parties objects to the allegation of the question of ownership which may be initially improvident or improper in an ejectment suit and, instead, both present evidence thereon, argue the question in their various submissions and participate in all aspects of the trial...