Back

Concepcion, Josefina, & Dina Amagan vs Teodorico Marayag

CONCEPCION V. AMAGAN, JOSEFINA V. AMAGAN and DINA V. AMAGAN, petitioners, vs. TEODORICO T. MARAYAG, respondent.

G.R. No. 138377 | 2000-02-28

D E C I S I O N

PANGANIBAN, J.:

As a general rule, an ejectment suit cannot be abated or suspended by the mere filing before the regional trial court (RTC) of another action raising ownership of the property as an issue. As an exception, however, unlawful detainer actions may be suspended even on appeal, on considerations of equity, such as when the demolition of petitioners' house would result from the enforcement of the municipal circuit trial court (MCTC) judgment.

The Case

Before us is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the February 9, 1999 Resolution of the Court of Appeals (CA) in...