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Amante edwin caz12/20/2023 The respondent denied that his possession of the disputed portion had been by mere tolerance of Eliseo. 6555, a portion of which was being occupied by the respondent, who had constructed a residential building thereon by the mere tolerance of Eliseo when the property she and her siblings had inherited from their father had not yet been subdivided, and was thus still co-owned by them and that the respondent's occupation had become illegal following his refusal to vacate despite repeated demands. 8 She alleged therein that she was the registered owner of the parcel of land covered by TCT No. Despite several demands, the last of which was by the letter dated November 4, 1994, 7 the respondent refused to vacate, prompting her to file agamst him on Februa complaint for ejectment and damages in the Municipal Trial Court in Cities of Cebu City (MTCC), docketed as Civil Case No. 6ĭue to the petitioner's needing her portion that was then occupied by the respondent, she demanded that the latter vacate it. The partition resulted in the portions earlier sold by Eliseo to the respondent being adjudicated to the petitioner instead of to Eliseo. 6558 5 to the petitioner, Gloria, Jose, and Eliseo, respectively. 0-188 was cancelled, and on Jthe Register of Deeds issued Transfer Certificate of Title (TCT) No. 4 Pursuant to the deed extrajudicial partition, OCT No. On September 30, 1992, Fe, Eliseo, Jose and Gloria executed a deed of extrajudicial partition to divide their father's estate (consisting of the aforementioned parcel of land) among themselves. That the portion covered under this transaction is Specifically located right at the back of the seminary facing Japer Memorial School and where the fence and house of Atty. On July 25, 1991, Eliseo, sickly and in need of money, sold an additional 1/3 portion of his share in the property to the respondent, with their deed of absolute sale stating that the sale was with the approval of Eliseo's siblings, and describing the portion subject of the sale as: ChanRoblesVirtualawlibrary Amante is only 600 square meters which is the area near the boundary facing the Pleasant Homes Subdivision, Cebu City. Amante (respondent), with the affected portion being described in the deed of absolute sale Eliseo executed in the following manner: ChanRoblesVirtualawlibraryĪ portion of a parcel of land located at the back of the Pleasant Homes Subdivision and also at the back of Don Bosco Seminary, Punta Princesa, Cebu City, to be taken from my share of the whole lot the portion sold to Atty. 1 On April 23, 1990, prior to any partition among the heirs, Eliseo sold a portion of his share, measuring 600 square meters, to respondent Atty. 0-188 of the Registry of Deeds in Cebu City with an area of 15,790 square meters, more or less. The petitioner and her siblings, namely: Eliseo, Jose and Gloria, inherited from their father, the late Bibiano Quijano, the parcel of land registered in the latter's name under Original Certificate of Title (OCT) No. But the action cannot be considered as one for forcible entry without any allegation in the complaint that the entry of the defendant was by means of force, intimidation, threats, strategy or stealth. Hence, the action for unlawful detainer is an improper remedy. Where the plaintiff does not prove her alleged tolerance of the defendant's occupation, the possession is deemed illegal from the beginning.
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