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Habagat Grill vs DMC-Urban Property Developer, Inc

HABAGAT GRILL Through LOUIE BIRAOGO, Proprietor/Manager, Petitioner, versus DMC-URBAN PROPERTY DEVELOPER, INC., Respondent.

G.R. No. 155110 | 2005-03-31

D E C I S I O N 


PANGANIBAN, J.: 

Entitlement to physical or material possession of the premises is the issue in an ejectment suit. The two forms of ejectment suits -- forcible entry and unlawful detainer -- may be distinguished from each other mainly by the fact that in forcible entry, the plaintiffs must prove that they were in prior possession of the premises until they were deprived thereof by the defendants; in unlawful detainer, the plaintiffs need not have been in prior physical possession. 

The Case 

Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, challenging the April 12, 2002...