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    Pascual vs. Angeles

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    fay garneth buscato
    Miguel Pascual sued Macario Angeles to recover possession of land that Angeles was leasing and for unpaid rent. Pascual inherited the land from his sister, and Angeles had recognized Pascual as the owner by paying rent to him until 1901. The court ruled in favor of Pascual, finding that as the heir of his sister and person in possession of the land, he had the right to sue for ejectment of Angeles from the property. The tenant cannot deny the title of the landlord they leased from. The court ordered Angeles to pay unpaid rent and vacate the land.

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    Pascual vs. Angeles

    Uploaded by

    fay garneth buscato
    299 views2 pages
    Miguel Pascual sued Macario Angeles to recover possession of land that Angeles was leasing and for unpaid rent. Pascual inherited the land from his sister, and Angeles had recognized Pascual as the owner by paying rent to him until 1901. The court ruled in favor of Pascual, finding that as the heir of his sister and person in possession of the land, he had the right to sue for ejectment of Angeles from the property. The tenant cannot deny the title of the landlord they leased from. The court ordered Angeles to pay unpaid rent and vacate the land.

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    Miguel Pascual sued Macario Angeles to recover possession of land that Angeles was leasing and for unpaid rent. Pascual inherited the land from his sister, and Angeles had recognized Pascual as the owner by paying rent to him until 1901. The court ruled in favor of Pascual, finding that as the heir of his sister and person in possession of the land, he had the right to sue for ejectment of Angeles from the property. The tenant cannot deny the title of the landlord they leased from. The court ordered Angeles to pay unpaid rent and vacate the land.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    299 views2 pages

    Pascual vs. Angeles

    Uploaded by

    fay garneth buscato
    Miguel Pascual sued Macario Angeles to recover possession of land that Angeles was leasing and for unpaid rent. Pascual inherited the land from his sister, and Angeles had recognized Pascual as the owner by paying rent to him until 1901. The court ruled in favor of Pascual, finding that as the heir of his sister and person in possession of the land, he had the right to sue for ejectment of Angeles from the property. The tenant cannot deny the title of the landlord they leased from. The court ordered Angeles to pay unpaid rent and vacate the land.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    1511            July 26, 1905


    MIGUEL PASCUAL, plaintiff-appellant,
    vs.
    MACARIO ANGELES, defendant-appellee.

    I. Facts:
    Miguel Pascua, plaintiff-appellant,l brought an action to recover the possession of a
    certain tract of land unlawfully occupied by the defendant, and for the payment of
    rent due, damages, and cost. It was alleged in the complaint that the defendant,
    Angeles, then held under a lease a certain tract of land 15 yards;that the land
    formerly belonged to Ciriaca Pascual, his sister, from whom he inherited it;  that,
    demand having been made upon the defendant for payment of the rent due for the
    first two years, he asked for and obtained an extension; that by virtue of this
    extension the lease was continued in force; that a subsequent demand was made
    upon the defendant about the end of the year 1901 for the payment of rent due and
    for the possession of the land; that the defendant refused to do either; and that he
    had since been in the wrongful possession of the land.
    The court, after hearing the evidence, rendered judgment June 20, 1902, in favor of
    the defendant, with costs to the plaintiff.

    Issues: WON Pascual has the right to sue?


    II. Ruling:
    Yes! Those in the actual possession of the land under a claim of ownership, right of
    usufruct, or any other right entitling them to use the same, can maintain an action for
    the ejectment of the person wrongfully in possession

    Miguel Pascual, as testamentary heir of his sister, was in actual and adverse
    possession of a tract of land in Navotas, of which the land in question was part. His
    possession dated from the death of the testatrix who must have died prior to April 7,
    1984, when her executor asked for and obtained a copy of her will executed in
    January of the same year. The plaintiff was recognized by the lessee, Angeles, as
    such owner and lawful possessor and as heir and successor to the deceased Cicaria
    Pascual. Angeles paid him rent for the land from the time of death of the former
    lessor until the year 1898, as shown by the record. It was not until the year 1901,
    when he decided to keep the land, that defendant refused to pay rent for that and the
    two preceding years, 1899, 1900.

    In an action for ejectment it is presumed that the plaintiff is the owner of the property,
    or that he has the right to the possession of the same, he cannot accordingly be
    compelled to show his title thereto. The tenant is not permitted to deny the title of his
    landlord at the time of the commencement of the relation of landlord and tenant
    between them.
    Testatrix- a woman who has made a will or given a legacy
    Action for ejectment-  one does not own the land he possesses, he has limited
    rights. He may be ejected based on two types of legal action: (1) ejectment (i.e.,
    forcible entry or unlawful detainer) (accion interdictal); or (2) accion
    publiciana (or the plenary action to recover the better right of possession)

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