Petitioner
Racaza
Respondent
Gozum
Citation
G.R. No. 148759
Court
Supreme Court
Division
Second Division
Ponente
Azcuna, J.
Decided
June 8, 2006

Summary

Property co-owners sought to eject tenant who overstayed after verbal month-to-month lease expiration. RTC ruled for owners in accion publiciana, but CA reversed, finding action should have been unlawful detainer due to timing of second demand letter. Supreme Court reversed CA, holding one-year jurisdictional period runs from first dispossession (July 1995), not subsequent demand letters which were mere reiterations. Court emphasized respondent was estopped from challenging jurisdiction after active trial participation. Additionally, respondent's claimed written lease had expired by time of CA decision, rendering appeal moot. Case establishes principles on jurisdictional timing for ejectment suits and estoppel in challenging court authority.

Statutes applied

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By the Intellegal Editorial Board · June 8, 2006

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