Thursday, October 11, 2012

JUSTICE MARTIN VILLARAMA,. JR.: EJECTMENT:


An ejectment case is designed to restore, through summary proceedings, the physical possession of any land or building to one who has been illegally deprived of such possession, without prejudice to the settlement of the parties’ opposing claims of juridical possession in appropriate proceedings.  Any ruling on the question of ownership is only provisional and made for the sole purpose of determining who is entitled to possession de facto. Certainly, a judgment in an ejectment case could only resolve the question as to who has a better right to possess the subject property but definitely, it could not conclusively determine whether petitioners are entitled to the award under the ZIP or ascertain if respondents are disqualified beneficiaries (Heirs of Agapatio T. Olarte and Angela A. Olarte et al. vs. Office of the President of the Philippines et al., G.R. No. 177995, June 15, 2011, VILLARAMA, JR., J.).

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