“These happen in the Philippines where houses may be constructed beside each other without respecting boundary lines.” In a country like the Philippines
“These happen in the Philippines where houses may be constructed beside each other without respecting boundary lines.”
According to them, “he complaint referred to encroachment, not of a land or building, but of a firewall, which they claim cannot be a subject of an ejectment case. As such, the case is one for specific performance, which is within the RTC’s jurisdiction.” On further appeal to the Court of Appeals , the CA affirmed the decision of the RTC. “It ruled that act of taking full control of firewall by constructing part of Barber’s second floor thereon without consent constitutes unlawful dispossession of his property” .
The Supreme Court held that “from the allegations of complaint, it is clear that merely allowed construction workers to use the firewall so that they can properly lay the foundation for Barber’s second floor. He never consented to, and was surprised by the intrusion or extension of Barber’s property on top of his firewall” .
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