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Rizalina P. Positos Vs. Jacob M. Chua

RIZALINA P. POSITOS, Petitioner, versus JACOB M. CHUA, Respondent

G.R. No. 179328 | 2009-12-23

D E C I S I O N


CARPIO MORALES, J.:

From the Decision of July 13, 2004[1] of the Court of Appeals reversing that of the Davao City Regional Trial Court (RTC), Branch 10 dismissing without prejudice the complaint for unlawful detainer filed by Jacob Chua (respondent), Rizalina Positos (petitioner) filed the present petition for review on certiorari.

The following undisputed facts spawned the filing of the complaint by respondent against petitioner.

Petitioner had since 1980 been occupying a portion of a parcel of land covered by Transfer Certificate of Title No. T-231686[2] situated in Leon Garcia St., Davao City. The land was likewise...