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Teresita Bongato vs Severo A. Malvar, et al.

TERESITA BONGATO, petitioner, vs. Spouses SEVERO A. MALVAR and TRINIDAD MALVAR, respondents.

G.R. No. 141614 | 2002-08-14

D E C I S I O N

PANGANIBAN, J.:

An action for forcible entry is a quieting process that is summary in nature. It is designed to recover physical possession in speedy proceedings that are restrictive in nature, scope and time limits. The one-year bar within which to bring the suit is prescribed to complement its summary nature. Thus, after the one-year period has lapsed, plaintiffs can no longer avail themselves of the summary proceedings in the municipal trial court but must litigate, in the normal course, in the regional trial court in an ordinary action to recover possession, or to recover both ownership and possession.

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