Practice question
A timely complaint truthfully alleges entry through stealth, with the plaintiff’s prior physical possession and the relevant discovery facts. Counsel changes “stealth” to “physical assault” solely because no visible force occurred. Is the alteration necessary?
- No, because no possession facts need be pleaded.
- Yes, every forcible-entry case requires bodily injury.
- Yes, stealth is relevant only to unpaid rent.
- Yes, an invented assault cures all defects.
- No; Rule 70 expressly recognizes stealth as a means of forcible entry, and the real facts should be pleaded.
Legal references
- Rules of Court, Rule 70, Sections 1–3, 16–18: https://lawphil.net/courts/rules/rc_1-71_civil.html
- A.M. No. 08-8-7-SC, March 1, 2022, Rules on Expedited Procedures in the First Level Courts, Rule III: https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf
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