
SPOUSES BENITEZ V. CA 266 SCRA 242
Category: Property, Ownership and Its Modifications
SPOUSES BENITEZ V. CA
266 SCRA 242
FACTS:
Macapagal filed an action against petitioners for recovery of an encroached portion of lot they purchased. Thereafter, they bought another lot adjacent to Macapagal. Upon a relocation survey, they discovered part of it was being encroached by petitioners. Despite demands, the petitioners refused to vacate.
HELD:
Prior possession is not always a condition sine que non in ejectment.
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
- ACCESSION DISCRETA (RIGHT OF ACCESSION WITH RESPECT TO WHAT IS PRODUCED BY PROPERTY) -
- SPOUSES LUIS CRUZ V. SPOUSES ALEJANDRO FERNANDO SR. DECEMBER 9, 2005 -
- DOMINICA CUTANDA V. HEIRS OF ROBERTO CUTANDA 335 SCRA 418 -
- HEIRS OF JUAN OCLARIT V. COURT OF APPEALS 233 SCRA 239 -
- OCLARIT V. COURT OF APPEALS 233 SCRA 239 -
SPOUSES BENITEZ V. CA 266 SCRA 242
Category: Property, Ownership and Its Modifications
SPOUSES BENITEZ V. CA
266 SCRA 242
FACTS:
Macapagal filed an action against petitioners for recovery of an encroached portion of lot they purchased. Thereafter, they bought another lot adjacent to Macapagal. Upon a relocation survey, they discovered part of it was being encroached by petitioners. Despite demands, the petitioners refused to vacate.
HELD:
Prior possession is not always a condition sine que non in ejectment.
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
- ACCESSION DISCRETA (RIGHT OF ACCESSION WITH RESPECT TO WHAT IS PRODUCED BY PROPERTY) -
- SPOUSES LUIS CRUZ V. SPOUSES ALEJANDRO FERNANDO SR. DECEMBER 9, 2005 -
- DOMINICA CUTANDA V. HEIRS OF ROBERTO CUTANDA 335 SCRA 418 -
- HEIRS OF JUAN OCLARIT V. COURT OF APPEALS 233 SCRA 239 -
- OCLARIT V. COURT OF APPEALS 233 SCRA 239 -
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