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HOMER C. JAVIER, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, SUSAN G. CANENCIA, PETITIONER, VS. SUSAN LUMONTAD, RESPONDENT.

HOMER C. JAVIER, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, SUSAN G. CANENCIA, PETITIONER, VS. SUSAN LUMONTAD, RESPONDENT.

G.R. No. 203760 | 2014-12-03

 
FIRST DIVISION

D E C I S I O N

PERLAS-BERNABE, J.:
 
Assailed in this petition for review on certiorari[1] are the Decision[2] dated September 29, 2011 and the Resolution[3] dated October 1, 2012 of the Court of Appeals (CA) in CA-G.R. SP No. 113046 which set aside the Decision[4] dated August 20, 2009 and the Order[5] dated January 18, 2010 of the Regional Trial Court of Antipolo City, Branch 74 (RTC) in Sp. Civil Case No. 08-744, finding that the action instituted by petitioner was not one for forcible entry, but for recovery of ownership and possession, hence, within the original jurisdiction of the latter. Consequently, the CA...