Leonora Rivera-Avante vs Milagros Rivera

G.R. No. 224137 – 851 Phil. 154 – Remedial Law – Rules on Summary Procedure – Ejectment – Unlawful Detainer – Reckoning date of one-year prescriptive period

Leonora Rivera-Avante is the owner of a house and lot in Paco, Manila. She allowed her sister-in-law, Milagros Rivera, to stay in the house and lot.

In 2005, Leonora informed Milagros that she needs to vacate the property because her children need a place to stay. Milagros refused to vacate the premises invoking that she is a co-owner and that Leonora procured her title by means of fraud.

On 22 May 2006, Milagros received a notice to vacate from Leonora. Milagros ignored the letter.

On 03 September 2007, Milagros received another notice to vacate from Leonora. She again ignored the letter.

On 12 March 2008, Leonora filed an unlawful detainer case against Milagros.

ISSUE: Whether or not Leonora’s action for unlawful detainer has already prescribed.

HELD: Yes.

An unlawful detainer case must be filed within one year from the last demand on defendant to vacate the property. However, subsequent demands that are merely in the nature of reminders of the original demand do not operate to renew the one-year period within which to commence an ejectment suit, considering that the period will still be reckoned from the date of the original demand.

Hence, the March 2008 unlawful detainer case filed by Leonora was already filed out of time because the one-year period has to be counted from May 2006 not September 2007.

Nevertheless, Leonora can still opt to file another action to recover possession over the subject property which should be brought in the proper court, taking into consideration the assessed value of the lot and the fact that dispossession has lasted for more than one year.

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