Property

JAVIER V. VERIDIANO 237 SCRA 565- Effects of Possession

JAVIER V. VERIDIANO

237 SCRA 565

FACTS:

Javier filed a miscellaneous sales application over a parcel of land. Thereafter, she instituted an action for forcible entry against Ben Babol, alleging that she was forcibly dispossessed of the parcel of land. Her complaint was dismissing, followed the finding of the Bureau of Lands that the disputed portion of land is outside the lot owned by Javier. Later, the sales application has been granted. Babol had already sold the land to somebody else. Petitioner demanded the return of the land to her and
after 4 years since the dismissal of her earlier complaint, she files an action for quieting of title and recovery of possession against Babol and Rosete. The latter moved for the dismissal of the case based on res judicata.

HELD:

A judgment in a forcible entry or detainer case disposes of no other issue than possession and declares only who has the right of possession, but by no means constitutes a bar to an action for determination of who has right or title of ownership.

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