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FIRST DIVISION
[G.R. NO. 141493.
NATIONAL ONION GROWERS COOPERATIVE MARKETING ASSOCIATION, INC., Petitioner, v. ANTONIO LO and LAND BANK OF THE PHILIPPINES, Respondents.
D E C I S I O N
CARPIO, J.:
The Case
This Petition for Review on Certiorari 1 seeks to reverse the Court of Appeals Decision dated
Antecedent Facts
Petitioners offices used to occupy four lots in Tinajeros,
Malabon, Rizal.Petitioner conveyed two
of these lots, Lot No. 7 and Lot No. 8, by dacion en pago to the
Agricultural Credit Administration (ACA) to settle its debt.ACA transferred its rights over Lots Nos. 7
and 8 to the Land Bank of the Philippines
(LBP). After acquiring ownership of the two lots, LBP leased the premises to
petitioner for one-and-a-half years from
On
On the other hand, Lo wrote petitioner on
The MTC ruled that actions for ejectment are summary in nature
and the issue involved in such proceedings is possession de facto
only.The MTC stated that the question
of ownership, even if inextricably linked to the issue of possession, does not
divest it of jurisdiction. In such cases, the MTC can decide the ownership
provisionally for the sole purpose of determining possession.On
WHEREFORE, premises considered, the court considers the allegations of the complaint to be true and duly substantiated except to the amount of damages and attorneys fees, which are reduced accordingly, a decision is hereby rendered in favor of the plaintiffs and against the defendant, ordering the latter and all persons claiming right under it:ςηαñrοblεš νιr†υαl lαω lιbrαrÿ
1.To vacate the leased premises immediately and turn over the same peacefully to the plaintiff;chanroblesvirtuallawlibrary
2.To pay the plaintiff
Antonio Lo the sum of P5,000.00 for every day of delay from the time the
defendant is supposed to have vacated the premises;chanroblesvirtuallawlibrary
3.To pay the sum of P36,000.00
a month from January 1996 until it finally vacates the premises as payment for
reasonable compensation for the use and occupancy thereof;chanroblesvirtuallawlibrary
4.To pay the sum of P20,000.00
by way of reasonable attorneys fees; andcralawlibrary
5.To pay the costs of suit.
SO ORDERED.2 ςrνll
Petitioner appealed to the RTC. On
Petitioner filed a Petition for Review with the Court of Appeals.The appellate court affirmed the decision of the lower courts with a modification on the amount of damages, thus:ςηαñrοblεš νιr†υαl lαω lιbrαrÿ
WHEREFORE, the assailed decision is hereby AFFIRMED with the
MODIFICATIONthat thepenalty imposed for each day of delay in
surrendering the leased property is reduced from P5,000.00 to P1,000.00
per day of delay.
SO ORDERED.
Both petitioner and Lo moved for reconsideration. On
Hence, this petition.
The Issue
Petitioner seeks a reversal and raises the following issue for resolution:ςηαñrοblεš νιr†υαl lαω lιbrαrÿ
WHETHER THE MTC LOSES JURISDICTION OVER A CASE FOR EJECTMENT ONCE THE QUESTION OF OWNERSHIP IS RAISED.
The Ruling of the Court
The petition lacks merit.
Petitioner argues that the MTC should have dismissed the ejectment case after petitioner raised the question of ownership over the subject properties. Petitioner claims that the case for annulment of sale pending in another court deprived the MTC of its jurisdiction since resolution of the annulment case would invariably affect the ejectment proceedings.
Petitioner is mistaken.
The allegations in the complaint determine the jurisdiction of a court.3 Petitioner cannot deprive the MTC of jurisdiction by simply raising the issue of ownership in its responsive pleading. To allow otherwise would subject the proceedings to the whim and control of petitioner.
The only issue for resolution in ejectment cases is the question of who is entitled to the physical or material possession of the property in dispute. This is independent of any claim of ownership set forth by any of the parties.4 If the question of ownership is inextricably linked to the issue of possession, the MTC may pass on the question of ownership solely to determine the issue of possession.5 Such determination is not final, and does not affect the ownership of the property. This is clearly set forth in Section 16, Rule 70 of the Rules of Court.6 Ejectment cases are summary proceedings intended to provide an expeditious means of protecting actual possession or right of possession of property.7 The MTC was correct in refusing to dismiss the ejectment case despite the pendency of the annulment of the sale in another court. Petitioners arguments on this point have no merit, and the cases that petitioner cites to support its arguments are no longer applicable.
Petitioner admits that it was a mere lessee of the premises. Petitioners pleadings admit that it had previously relinquished ownership over the two lots as payment for its debts. Neither does petitioner dispute that its lease over the two lots has already expired.Petitioner failed to prove it has any right to remain in possession of the two lots. The only thing petitioner did was to question the sale of the two lots by LBP to Lo. Petitioners continued occupation of the property is clearly unjustified.
Finally, petitioner harps on the fact that it has been in possession of the lots in question for a long time.Petitioner argues that its prior possession should be taken in its favor. Petitioner is mistaken. Prior possession is relevant in forcible entry but not in unlawful detainer.8 Unlawful detainer involves the unjust refusal of a previously rightful possessor to turn over the subject premises once itspossession has ceased to be legal, as in the present case.
WHEREFORE, we DENY the
instant petition.We AFFIRM the Decision
of the Court of Appeals dated
SO ORDERED.
Davide, Jr., C.J., (Chairman), Quisumbing, Ynares-Santiago, and Azcuna, JJ., concur.
Endnotes:
1 Under Rule 45 of the Rules of Court.
2 CA Rollo, p. 39.
3 Sps. Tirona v. Hon. Alejo, 419 Phil. 285 (2001).
4 Gener v. De Leon, 419 Phil. 920 (2001).
5 Sps. Pengson v. Ocampo, Jr., 412 Phil. 860 (2001).
6 Sec. 16.Resolving defense of ownership.Whenthedefendantraisesthedefenseofownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession.
7 Go, Jr. v. Court of Appeals, 415 Phil. 172 (2001).
8 Supra note 3.