CASE 2018-0010: PABLO C. HIDALGO VS SONIA VELASCO (G.R. No. 202217, 25 APRIL 2018, MARTIRES, J.) (SUBJECT/S: JURISDICTIONAL RECITALS IN UNLAWFUL  DETAINER CASE) (BRIEF TITLE: HIDALGO VS VELASCO)

 

 DISPOSITIVE:

  

“WHEREFORE, the· petition is DENIED for lack of merit. The Decision dated 6 March 2012 and the Resolution dated 31 May 2012 of the Court of Appeals in CA-G.R. SP No. 120649 are hereby AFFIRMED.

 

SO ORDERED.”

  

SUBJECTS/DOCTRINES/DIGEST:

 

 WHAT MUST BE ALLEGED IN AN ILLEGAL DETAINER CASE?

 

“…. In Cabrera v. Getaruela,36 the Court held that a complaint sufficiently alleges a cause of action for unlawful detainer if it recites the following:

 

  1. 1hat initially, the possession of the property by the defendant was by contract with or by tolerance of the plaintiff;
  2. That eventually, such possession became illegal upon notice by plaintiff to defendant of the termination of the latter’s right of possession;
  3. That thereafter, the defendant remained in possession of the property and deprived the plaintiff of the enjoyment thereof; and
  4. That within one year from the last demand on defendant to vacate the property, the plaintiff instituted the complaint for ejectment.37

 

These averments are jurisdictional and must appear on the face of the complaint.”

 

 IS THIS CASE AN UNLAWFUL DETAINER CASE?

 

NO. IT FAILS TO ALLEGE THE FIRST AND SECOND RECITALS.

 

“As demonstrable on its face, the subject complaint fails to aver, at the very least, the first and the second recitals. We thus agree with the R TC and the CA that it fails to satisfy the jurisdictional requirements of an action for unlawful detainer, following which, the MCTC could not exercise jurisdiction over it.

 

Incidentally, we agree with the appellate court that the recitals in the complaint are more in tune with those in a complaint for forcible entry.”

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2018-0010-Pablo C. Hidalgo Vs. Sonia Velasco

 

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