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DUMO V. ESPINAS
FACTS:
1. The present case arose from a complaint for forcible entry with prayer for the issuance of a
temporary restraining order and/or preliminary injunction filed by Sps Dumo (Petitioners)
against respondents
3. Espinas’ allegations
They purchased the property and declared the same for taxation purposes
They were already declared the lawful owners of the parcel of land in a civil casae
By virtue of said decision, defendants entered, occupied and possessed said land in their
right of ownership, cleaned the same of illegally constructed structures which were done
without their knowledge and constent.
4. MTC:
In favour of Sps Dumo.
Ordered Espinas to vacate.
Espinas to pay actual, moral, exemplary damages and Atty’s fees to Sps Dumo.
5. RTC:
Reversed, set aside case filed by Sps Dumo and deleted award of damages.
Espinas enjoyed possession even before filing of the case until Sps Dumo erected a seawall
and cyclone wire on the property without Severa Espina’s consent.
6. CA:
Reinstated the decision of MTC but with modifications—deleting award of AME damages.
ISSUE: WON deletion of award of damages in favour of Sps Dumo was proper?
2. Furthermore, the rule is settled that in forcible entry or unlawful detainer cases, the only
damage that can be recovered is the fair rental value of the reasonable compensation for the
use and occupation of the leased property. The reason for this is that of rightful possession;
hence, the damages which could be recovered are those caused by the loss of the use and
occupation of the property, AND NOT THE DAMAGES WHICH HE MAY HAVE SUFFERED BUT
WHICH HAVE NO DIRECT RELATION TO HIS LOSS OF MATERIAL POSSESSION.