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ARVIN D. MAUNAHAN
Plaintiff,
CIVIL CASE No. 14654
TIMELINESS
STATEMENT OF FACTS
5. Upon his return from his month long vacation on 02 May 2011,
plaintiff was surprised to see the new house within his property
built and occupied by the defendant. On the same day, plaintiff
filed a complaint of forcible entry with prayer for Preliminary
Injunction and damages against herein defendant before the
Municipal Trial Court.
ISSUES
The plaintiff, after having bought the land from the original
owner has in fact developed, built a house and occupied the
property. All these clearly show that even before the
defendant’s intrusion of the vacant portion of the lot, plaintiff
was already residing and is in actual possession of the property.
In De la Rosa vs. Carlos (GR No. 147549, October 23, 2003),
the Supreme Court held that “possession in the eyes of the law
does not mean that a man has to have his feet on every square
meter of the ground before he is deemed to be in possession.”
It is sufficient that the Plaintiff was able to subject the property
to the action of his will. Moreover, the defendant did not raise
the question of lawful possession since in his mind he knows
who the lawful owner of the land is.
PRAYER
Other such reliefs that are just and equitable under the
premises are likewise prayed for.
RESPECTFULLY SUBMITTED
La Trinidad, Benguet
January 7, 2013
Copy furnished
Atty. Brusco N. Talunan
Counsel for the Defendant
Talunan Law Office, 309 Lakay Building
Km. 5 La Trinidad, Benguet
By: Personal Delivery
Republic of the Philippines)
Province of Benguet ) S.S.
Municipality of La Trinidad )
VERIFICATION
ARVIN D. MAUNAHAN
Affiant