GENARO PRADO, plaintiff-appellant, vs. APOLINARIO CALPO, ET AL

Jun 21st, 2015
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1.FORCIBLE ENTRY AND DETAINER; JURISDICTION OF THE JUSTICE OF THE PEACE COURT WHERE PLAINTIFFS HAD PRIOR PHYSICAL POSSESSION. — Where the findings of the Justice of the Peace Court, where the action for forcible entry was originally brought, clearly show that the plaintiff had prior physical possession of the disputed property

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EN BANC[G.R. No.L-19370. April 30, 1964.]GENARO PRADO,plaintiff-appellant,vs. APOLINARIO CALPO, ET AL.,defendants-appellees.Romulo M. Abarcarfor plaintiff-appellant.Tadeo & Tadeo, Jr.for defendants-appellees.SYLLABUS1.FORCIBLE ENTRY AND DETAINER; JURISDICTION OF THE JUSTICE OF THE PEACE COURT WHERE PLAINTIFFS HAD PRIOR PHYSICAL POSSESSION. Where the findings of the Justice of the Peace Court, where the action for forcible entry was originally brought, clearly show that the plaintiff had prior physical possession of the disputed property and the alleged circumstance that the defendant was the registered owner did not detract from the fact that the plaintiff had a right of possession thereof which should be protected, it is held that the Court of First Instance on appeal erred in quashing the case upon a mere motion to dismiss without hearing it on the merits and finding out whether the findings and conclusions of the JP, regarding the prior possession of the plaintiffs and their subsequent dispossession by the defendants are correct or not. In the appeal the CFI did not have to delve into the issue of ownership, which could be threshed out in an action to qu

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