Philippine Law Updates

NOE R. PAGARAO, JR. AND REBECCA CABALLA, PETITIONERS, VS. IMMACULADA T. TRINIDAD, RESPONDENT.[ G.R. No. 265223, November 13, 2024 ]

Amicus Juris Production Season 1 Episode 7

There have been many cases discussing the distinction between actions for unlawful detainer and those for forcible entry. However, the common thread has always been the Court's consistent adoption of the following precept—the border between forcible entry and unlawful detainer is defined by the nature of the defendant's entry into or initial possession of the property. If the entry is illegal, then the action which may be filed against the intruder is forcible entry. If, however, the entry is legal but the possession thereafter becomes illegal, the case is unlawful detainer.