Thereafter after two years the MeTC rendered a Decision in the unlawful

Thereafter after two years the metc rendered a

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Thereafter (after two years), the MeTC rendered a Decision in the unlawful detainer case against the Sps. Abad ordering them to vacate and surrender the possession of the subject lots and to pay reasonable compensation therefor. The MeTC further held that as no payment (of just compensation) had been made to Fil-Homes for the subject lots, they still maintain ownership thereon. It added that Sps. Abad cannot claim a better right by virtue of the issuance of a writ of possession (in favor of the City of Paranaque) for the project beneficiaries have yet to be named. Sps. Abad appealed the MeTC Decision to the RTC,which in turn, reversed the lower court and dismissed the complaint for unlawful detainer filed by Fil-Homes ruling that “it is not the allegations of the Complaint that finally determine whether a case is unlawful detainer, rather it is the evidence in the case” and that “when there is no ‘tolerance’ right from the start of the possession sought to be recovered, the case of unlawful detainer will not prosper.” The RTC
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further ruled that the issuance of a writ of possession in favor of the City of Paranaque bars the continuation of the unlawful detainer proceedings, and since the judgment had already been rendered in the expropriation proceedings which effectively turned
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  • Winter '14
  • DelaPena
  • Pleading, JOSE ERVIN ABAD

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