Ten Forty Realty And Development Corp., et al vs. Marina Cruz.

TEN FORTY REALTY AND DEVELOPMENT CORP., Represented by its President, VERONICA G. LORENZANA, petitioner, vs. MARINA CRUZ, respondent.

G.R. No. 151212 | 2003-09-10

Double sale (of immovable property)

Unlawful detainer, jurisdictional facts
What determines the nature of an action as well as which court has jurisdiction over it are the allegations in the complaint and the character of the relief sought
Execution of a deed of sale not sufficient as delivery, only a prima facie presumption of delivery
Double sale of immovable property, order of preference
Corporations cannot acquire land of the public domain, but can acquire private land

D E C I S I O N

PANGANIBAN, J.:

In an ejectment suit, the question of ownership may be provisionally ruled upon for the sole purpose of determining who is entitled to possession de facto. In the present case, both parties base their alleged right to possess on their right to own. Hence, the Court of Appeals did not err in passing upon the question of ownership to be able to decide who was entitled to physical possession of the disputed land.

The Case

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, seeking to nullify the August 31, 2001 Decision[2] and December 19, 2001 Resolution[3] of the Court of Appeals (CA) in...