UNLAWFUL DETAINER

Action for — An action to recover possession of real property from one who unlawfully withholds possession after the expiration or termination of his right to hold possession under any contract, express or implied; the possession of the defendant in an unlawful detainer case is originally legal but becomes illegal due to the expiration or termination of the right to possess; the sole issue for resolution in an unlawful detainer case is physical or material possession of the property involved, independent of any claim of ownership by any of the parties. (Sps. Gaela (Deceased) vs. Sps. Tan Tian Heang, G.R. No. 185627, Mar. 15, 2017)

—     It refers to a situation where the current occupant of the property initially obtained possession lawfully; this possession only became unlawful due to the expiration of the right to possess which may be a contract, express or implied, or by mere tolerance; in an unlawful detainer action, the party seeking recovery of possession alleges that the opposing party occupied the subject property by mere tolerance, this must be alleged clearly and the acts of tolerance established. (Province of Camarines Sur vs. Bodega Glassware, G.R. No. 194199, Mar. 22, 2017)

—      Prior physical possession by the plaintiff is not an indispensable requirement in an unlawful detainer case brought by a vendee or other person against whom the possession of any land is unlawfully withheld after the expiration or termination of a right to hold possession. (Sps. Gaela (Deceased) vs. Sps. Tan Tian Heang, G.R. No. 185627, Mar. 15, 2017)

—      The issue of ownership cannot be disregarded in the unlawful detainer case; the resolution of the issue of ownership is at best preliminary. (Dizon vs. Beltran, G.R. No. 221071, Jan. 18, 2017)

—      The rightful possessor in an unlawful detainer case is entitled to recover damages, which refer to rents or the reasonable compensation for the use and occupation of the premises, or fair rental value of the property and attorney’s fees and costs; recoverable damages are those which the plaintiff could have sustained as a mere possessor, or those caused by the loss of the use and occupation of the property. (Province of Camarines Sur vs. Bodega Glassware, G.R. No. 194199, Mar. 22, 2017)

Requisites — For the purpose of bringing an unlawful detainer suit, two requisites must concur: (1) there must be failure to pay rent or comply with the conditions of the lease; and (2) there must be demand both to pay or to comply and vacate; explained. (Zaragoza vs. Iloilo Santos Truckers, Inc., G.R. No. 224022, June 28, 2017)

Source: Supreme Court of the Philippines