Ganancial v. Atillo

Summary

This case establishes the rule for computing the one-year limitation period in forcible entry cases. When dispossession occurs through force, violence or intimidation, the statutory period runs from the date of illegal entry, not from demand to vacate, because the dispossessed party has immediate knowledge of the unlawful deprivation. The Supreme Court distinguished this from cases involving stealth or strategy where the entry may be concealed. Since plaintiff filed the complaint on April 24, 1961, more than one year after the February 6, 1960 forcible entry, both the municipal court and CFI lacked jurisdiction. The case reinforces procedural requirements in ejectment suits and the importance of timely filing within statutory limitations.