LIM KIEH TONG V. CA- Forcible Entry and Unlawful Detainer

Category: Property, Ownership and Its Modifications

LIM KIEH TONG V. CA- Forcible Entry and Unlawful Detainer

Any person deprived of possession of any land or building may file an action for forcible entry and unlawful detainer against the person unlawfully depriving or withholding possession from him. This relief is not only available to landlord, lessor but to lessee and tenant as well within one year from such unlawful deprivation or withholding of possession.

FACTS:

Private Respondent and his family resided in room of a building owned by Petitioner until the former transferred to their new residence. However, Respondent retained possession of the room to keep his important belongings. At one point, when Respondent wanted to go to his room, he found that his key was no longer compatible with the door’s lock, that is, the lock was changed. He asked from Petitioner the new key but having failed, he filed a writ of preliminary mandatory injunction plus damages with the MTC. Petitioner countered that since the action is one for specific performance, the action should have been filed with the RTC.

ISSUE:

Whether or not the action is one for specific performance or forcible entry and detainer.

RULING:

The suit is actually one for forcible entry and detainer. Respondent remained in possession of the property but Petitioner prevented him from enjoying his right by depriving him of the right of egress and ingress through the door of the building and the room. Any person deprived of possession of any land or building may file an action for forcible entry and detainer against the person unlawfully depriving or withholding possession from him. This relief is not only avaible to landlord, lessor but to lessee and tenant as well within one year from such unlawful deprivation or withholding of possession.