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Unlawful Detainer Case: Zamora vs. Macaslang

1) Respondents filed a complaint for unlawful detainer against the petitioner, alleging that they purchased residential land from the petitioner and allowed her to live in the house with the promise to vacate once she found new residence. 2) Despite demanding that the petitioner vacate after a year, she failed to do so. The trial court declared the petitioner in default for not filing an answer. 3) The issue is whether the Court of Appeals correctly found that the complaint stated a valid cause of action for unlawful detainer. The Supreme Court ruled that it did, as the complaint sufficiently alleged that the petitioner's possession was by mere tolerance of the respondents, they demanded she vacate, and she failed to do so within a

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124 views2 pages

Unlawful Detainer Case: Zamora vs. Macaslang

1) Respondents filed a complaint for unlawful detainer against the petitioner, alleging that they purchased residential land from the petitioner and allowed her to live in the house with the promise to vacate once she found new residence. 2) Despite demanding that the petitioner vacate after a year, she failed to do so. The trial court declared the petitioner in default for not filing an answer. 3) The issue is whether the Court of Appeals correctly found that the complaint stated a valid cause of action for unlawful detainer. The Supreme Court ruled that it did, as the complaint sufficiently alleged that the petitioner's possession was by mere tolerance of the respondents, they demanded she vacate, and she failed to do so within a

Uploaded by

JM Camalon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Ruling: Summarizes the court's decision and reasoning in affirming the correctness of a cause of action.
  • Facts: Outlines the background, complaint details, and circumstances leading to the legal case between respondents and petitioner.
  • Issues: Presents the primary legal question regarding the validity of the cause of action.
  • Reasoning: Explains the legal basis for concluding that the complaint stated a cause of action, detailing the arguments considered.

G.R. No.

156375 May 30, 2011


DOLORES ADORA MACASLANG vs. RENATO AND MELBA
ZAMORA

Facts:
Respondents Renato and Melba Zamora filed a complaint for unlawful
detainer in the MTCC, alleging that the petitioner sold to respondents a
residential land located in Sabang, Danao City and that the [petitioner]
requested to be allowed to live in the house with a promise to vacate as
soon as she would be able to find a new residence. They further alleged
that despite their demand after a year, the petitioner failed or refused to
vacate the premises.
Despite the due service of the summons and copy of the complaint, the
petitioner did not file her answer. The MTCC declared her in default upon
the respondents motion to declare her in default, and proceeded to receive
the respondents oral testimony and documentary evidence.
Issues:
1.

Whether or not the CA correctly found that the complaint


stated a valid cause of action;

Ruling:
CA correctly delved into and determined whether or not complaint stated a
cause of action.

Based on its allegations, the complaint sufficiently stated a cause of action


for unlawful detainer. Firstly, it averred that the petitioner possessed the
property by the mere tolerance of the respondents. Secondly, the
respondents demanded that the petitioner vacate the property, thereby
rendering her possession illegal. Thirdly, she remained in possession of the
property despite the demand to vacate. And, fourthly, the respondents
instituted the complaint on March 10, 1999, which was well within a year
after the demand to vacate was made around September of 1998 or later.

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