G.R. No.

170575

June 8, 2011

Spouses MANUEL and FLORENTINA DEL ROSARIO, Petitioners,

vs.
GERRY ROXAS FOUNDATION, Inc., Respondent.
Facts
- Spouses file a case of unlawful detainer against Gerry Roxas
Foundationon July 2003, for occupying a property claimed by the
petitioners.
- The foundation occupied the Lot since 1991, without any
contract with the petitioners but with the City of Roxas, Capiz
- Frm
- February to March 2003 the started giving the respondents
notices to vacate, but the latter refused because of an existing
contract with the city.
- Their cases and all appeals were dismissed so it reached up to
the Supreme Court.
Issues:
- whether or not an interpretation of a single allegation be
sufficient for the court to interpret unlawful detainer
- whether or not there was unlawful detainer.
Ruling:
- There was no unlawful detainer.
- In unlawful detainer, an occupation of a property is at first lawful.
It becomes unlawful when the occupant refuses to vacate after
the expiration of the contract.
- The case filed should have been forcible entry through strategy
or stealth.
- Considering the personalities behind the defendant foundation
and considering further that it is plaintiffs nephew, then the
vice-mayor, and now the Mayor of the City of Roxas Antonio A.
del Rosario, although without any legal or contractual right, who
transacted with the foundation, plaintiffs did not interfere with
the activities of the foundation using their property. To the
Supreme Courts mind, this allegation if true, illustrates strategy.
- Petitioners should have filed a Complaint for Forcible Entry within
the reglementary one-year period from the time of dispossession