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FE U. QUIJANO, PETITIONER, VS. ATTY. DARYLL A. AMANTE, RESPONDENT.

FE U. QUIJANO, PETITIONER, VS. ATTY. DARYLL A. AMANTE, RESPONDENT.

G.R. No. 164277 | 2014-10-08

FIRST DIVISION
 
D E C I S I O N

BERSAMIN, J.:

Where the plaintiff does not prove her alleged tolerance of the defendant's occupation, the possession is deemed illegal from the beginning. Hence, the action for unlawful detainer is an improper remedy. But the action cannot be considered as one for forcible entry without any allegation in the complaint that the entry of the defendant was by means of force, intimidation, threats, strategy or stealth.

Antecedents
 
The petitioner and her siblings, namely: Elise, Jose and Gloria, inherited from their father, the late Bambino Quinone, the parcel of land registered in the latter's name...