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RULES OF LAW
A. CASE LAW
The contract of lease entered into by and between the lessor Edgar Torrico
and the lessee Manuel Branzuela which the parties agreed to be valid and
proper during the preliminary Conference indicated no issue to prior
possession and established prior possession of the Plaintiffs.
The Supreme Court held in the case of the Estate of Soledad Manatan vs
Somera, G.R. No. 145867, April 7, 2009
Unlawful Detainer is a summary action for the recovery of possession
of real property. This action may be filed by a lessor, vendor, vendee,
or other person against whom the possession of any land or building is
unlawfully withheld after the expiration or termination of the right to
hold possession by virtue of any contract, express or implied.
The issue of rightful possession is the thing to be decided by the Court, for in
this situation the defendant is partly in actual possession and the plaintiffs
cause of action is the termination of the defendants right to continue in
possession (Sumulong vs Court of Appeals, G.R. No. 108817, May 10, 1994).
B. STATUTORY LAW
The continued possession of the defendant to the property after the latters
right to possess ceases, constitute a case of Unlawful Detainer.
In Delos Reyes vs Spouses Odenes G.R No. 178096, March 23, 2011 define
the nature and scope of an unlawful detainer suit, as follows:
Unlawful detainer is an action to recover possession of real property
from one who illegally withholds possession after the expiration or
termination of his right to hold possession under any contract, express
or implied. The possession by the defendant in unlawful detainer is
originally legal but became illegal due to the expiration or termination
of the right to possess.