Back

Romeo Asis, et al. vs. Consuelo Asis vda De Guevarra

ROMEO ASIS, OSCAR ASIS and EDUARDO ASIS, Petitioners, versus CONSUELO ASIS VDA. DE GUEVARRA, Respondent.

G.R. No. 167554 | 2008-02-26

DECISION

PUNO, C.J.:

In an action for unlawful detainer, the municipal or metropolitan trial court has jurisdiction when the plaintiff really and primarily seeks the restoration of possession; even if there is a need to resolve the ownership of the disputed property to determine who has prior possession. As long as the issue of ownership is to be ascertained ONLY for the purpose of determining the issue of possession, then the court can make a declaration who among the contending parties is the real owner of the property. Any such pronouncement is to be regarded merely as provisional, and will not bar nor prejudice an action between the same...