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Felicidad Oronce vs. Court of Appeals

FELICIDAD L. ORONCE and ROSITA L. FLAMINIANO, petitioners, vs. HON. COURT OF APPEALS and PRICILIANO B. GONZALES DEVELOPMENT CORPORATION, respondents.

G.R. No. 125766 | 1998-10-19

D E C I S I O N

ROMERO, J.:

The issue of whether or not a Metropolitan or Municipal Trial Court may resolve the issue of ownership of the property involved in an unlawful detainer case has been discussed by this Court in a number of cases, the more recent of which is that of Hilario v. Court of Appeals.[1] Jurisprudence on the matter has in fact been reflected in the 1997 Rules of Civil Procedure under Rule 70, to wit:

"SEC. 16. Resolving defense of ownership. - When the defendant raises the defense of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of...