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Eversley Childs Sanitarium vs. Spouses Barbarona

EVERSLEY CHILDS SANITARIUM, REPRESENTED BY DR. GERARDO M. AQUINO, JR. (NOW DR. PRIMO JOEL S. ALVEZ) CHIEF OF SANITARIUM, PETITIONER, V. SPOUSES ANASTACIO AND PERLA BARBARONA, RESPONDENTS.

G.R. No. 195814 | 2018-04-04

D E C I S I O N
 
LEONEN, J.:
 
A case for unlawful detainer must state the period from when the occupation by tolerance started and the acts of tolerance exercised by the party with the right to possession. If it is argued that the possession was illegal from the start, the proper remedy is to file an accion publiciana, or a plenary action to recover the right of possession. Moreover, while an ejectment case merely settles the issue of the right of actual possession, the issue of ownership may be provisionally passed upon if the issue of possession cannot be resolved without it. Any final disposition on the issue of ownership,...