Del Rosario vs

Gerry Roxas
Foundation,
Inc.8 June 2011
GR No. 170575,
 iss
Whether ue
or not there
exists an unlawful
detainer in this case.
Art. 1496 – ownership of the thing sold is
acquired through delivery Rules
Art. 1498 – execution of the public instrument of sale
shall be equivalent to the delivery
Sec. 107, PD 1529 – surrender of withheld duplicate
certificate
Sec. 4, Rule 129 – an admission…made by the party in the
course of the proceedings in the same case, does not require
proof
Sps. Huguerte v Sps. Embudo - the allegations of the
complaint and the character of the relief sought determines
the nature of an action as well as which court has
jurisdiction over it
Sumulong v CA – differences of causes of action for
forcible entry vis-à-vis unlawful detainer found under Rule
70
Gerry Roxas Foundation, Analysis of Facts
Inc. entered into an Sps. Del Rosario made
agreeent with Roxas City several demands to settle
mayor Antonio Del and/or pay rentals for
Rosario the use of the property.

Sps. Del Rosario allowed

the Foundation to make
Manuel and Florentina
use of the land without
Del Rosario filed a
contractual basis
complaint for unlawful
The Foundation Sps. Del Rosario alleged detainer against Gerry
subsequently took that they are the absolute Roxas Foundation
possession and control of and rightful owner of the
the land in question land
Sps. Del Rosario
True, absolute, and registered owners of
the parcel of land
You took possession and control over
the land sans authority and consent
Use of the land is for commercial
purposes
Amidst the receipt of demand letters,
there is failure to pay rents
The Foundation is unlawfully
withholding possession of the property
Gerry Roxas
Foundation, Inc.
The land is owned by the City of Roxas
Possession and control is by virtue of the
MOA with Roxas City, duh.
The land is being used only for civic
non-profit endeavors
No obligation to pay rent due to the
MOA
No cause of action for the spouses are
neither the owners nor lessors of the
land
 FORCIBLE ENTRY
One is deprived of physical
possession of any land or
building by means of force,
intimidation, threat, strategy,
or stealth
The possession is illegal from
the beginning
UNLAWFUL DETAINER
One unlawfully withholds
possession thereof after the
expiration or termination of his
right to hold possession under
any contract
Possession was originally
lawful but became unlawful by
the expiration of the right to
possess.
“Force, intimidation, threat,
strategy, or stealth” means every
situation or condition under which
one person can wrongfully enter
upon real property and exclude
another, who has had prior
Complaint for
possession. It is forcible exclusion
forcible entry
of the original possessor by a
prescribes within
person who has entered without
one (1) year from
legal right.
the time of
dispossession