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Martinez vs. Heirs of Lim

JESSICA LIO MARTINEZ, PETITIONER, V. HEIRS OF REMBERTO F. LIM, NAMELY: FABIANA TIMBANCAYA LIM, CHINITA LIM PE, MINYANI LIM BAYLOSIS, GENARO T. LIM, EMELINE LIM ANGELES AND BELINDA LIM VILLEGAS, REPRESENTED BY THEIR ATTORNEY-IN-FACT, JIM GERALD LIM PE, RESPONDENTS.

G.R. No. 234655 | 2019-09-11

D E C I S I O N
 
BERSAMIN, C.J.:
 
The resolution of a boundary dispute - by reason of the issue therein being whether or not the contested portion pertained to one or the other of the parties - is not within the province of the summary action of forcible entry under Rule 70 of the Rules of Court. It can be taken proper cognizance of in the context of accion reivindicatoria.
 
The Case
 
The petitioner hereby appeals the decision promulgated on March 20, 2017,[1] whereby the Court of Appeals (CA) affirmed the judgment rendered on April 29, 2015 by the Regional Trial Court (RTC), Branch 51, in Puerto Princesa...