Ejectment: Unlawful Detainer and Forcible Entry

In the case of Eversley Childs Sanitarium v. Sps. Barbarona, G.R. No. 195814, April 4, 2018, the Supreme Court held that an ejectment case only resolves the issue of who has the better right of possession over the property. The right of possession in this instance refers to actual possession, not legal possession. While a party may later be proven to have the legal right of possession by virtue of ownership, he or she must still institute an ejectment case to be able to dispossess an actual occupant of the property who refuses to vacate.

Author

Alburo Law
November 19, 2025

In the case of Eversley Childs Sanitarium v. Sps. Barbarona, G.R. No. 195814, April 4, 2018, the Supreme Court held that an ejectment case only resolves the issue of who has the better right of possession over the property. The right of possession in this instance refers to actual possession, not legal possession. While a party may later be proven to have the legal right of possession by virtue of ownership, he or she must still institute an ejectment case to be able to dispossess an actual occupant of the property who refuses to vacate.

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

Contact us: 09778050020 | 09778050015 | (02) 7745-4391