December 2009 - Philippine Supreme Court Decisions/Resolutions
G.R. No. 179328 - Rizalina P. Positos v. Jacob M. Chua
[G.R. NO. 179328 : December 23, 2009]
RIZALINA P. POSITOS, Petitioner, v. JACOB M. CHUA, Respondent.
D E C I S I O N
CARPIO MORALES, J.:
From the Decision of July 13, 20041 of the Court of Appeals reversing that of the Davao City Regional Trial Court (RTC), Branch 10 dismissing without prejudice the complaint for unlawful detainer filed by Jacob Chua (respondent), Rizalina Positos (petitioner) filed the present Petition for Review on Certiorari .
The following undisputed facts spawned the filing of the complaint by respondent against petitioner.
Petitioner had since 1980 been occupying a portion of a parcel of land covered by Transfer Certificate of Title No. T-2316862 situated in Leon Garcia St., Davao City. The land was likewise occupied by members of the Sto. Tomas de Villanueva Settlers Association (the Association), of which petitioner was a member. On December 26, 1994, the registered owner of the land, Ansuico, Inc., transferred its rights and interests thereover to respondent.???ñr?bl?š ??r