Practice question
A complaint alleges that the defendant forcibly displaced the plaintiff's prior physical possession a month ago, but is titled 'Unlawful Detainer' and invents a lease never made. Which correction is proper?
- Retain the invented lease to fit the title
- A false lease is always harmless
- Plead the truthful prior-possession and forcible-deprivation facts under the appropriate cause rather than inventing initial lawful possession
- Omit the entry date because timeliness never matters
- Claim ownership alone automatically proves forcible entry
Legal references
- Rules of Court, Rule 70 Sections 1–2, 16; current summary procedure under A.M. No. 08-8-7-SC (March 1, 2022), Rule I Section 1(A)(1)(a), Rule III Sections 1–3: https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf
- 2019 civil-procedure amendments: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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