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Sps Willian & Jane Jean Diu vs Ibajan, Ibajan, Sy, Realino & Alvero

SPOUSES WILLIAM and JANE JEAN DIU, petitioners, vs. DOMlNADOR IBAJAN, DEMETRIA IBAJAN, NELSON C. SY, VICENTE REALINO II and ROMEO R. ALVERO, respondents.

G.R. No.132657 | 2000-01-19

D E C I S I O N


VITUG, J.:

Assailed in a petition for review on certiorari in this instance is an order, dated 17 December 1997, issued by Acting Executive Judge Briccio T. Aguilos, Jr., of the Regional Trial Court ("RTC") of Naval, Biliran, Branch 16, in Civil Case No. B-0984, dismissing a forcible entry case on appeal to it from the Municipal Trial Court upon the thesis that the latter court is bereft of jurisdiction since an issue of ownership has been raised in the ejectment suit.

On 12 July 1996, the spouses Carmelito Ibajan and Finna Josep-Ibajan, joined by Dominador and Demetria Ibajan, filed against William Diu and the Register...