- Petitioner
- Anita Monasterio-Pe
- Respondent
- Jose Juan Tong
- Citation
- G.R. No. 151369
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Peralta, J.
- Decided
- March 23, 2011
Summary
This unlawful detainer case involved property owner Jose Juan Tong seeking to eject occupants Anita Monasterio-Pe and spouses Tan from his registered lots. The occupants claimed ownership and alleged Tong was a dummy of an alien. Lower courts ruled in favor of Tong, finding the occupants held possession by mere tolerance which became unlawful upon demand to vacate. The Supreme Court denied the petition, holding petitioners used the wrong mode of appeal and that on the merits, the ejectment was proper. The Court noted previous ownership disputes were resolved in Tong's favor, the one-year period for unlawful detainer was met, and barangay conciliation requirements were satisfied. The decision affirmed the right of a registered owner to recover possession from occupants by tolerance.