Philippine Bar review · Question

Practice question: Forcible Entry and Unlawful Detainer (Rule 70)

Multiple Choice Hard

Practice question

The lease has validly expired by its fixed term, with no renewal or remaining right to possess. The proper timely detainer complaint rests on expiration, not a midterm nonpayment cancellation. The defendant seeks dismissal solely because Section2’s demand letter was not served. Which Cruz distinction controls?
  1. The prior-demand prerequisite for nonpayment or lease-condition termination does not automatically govern that expiration-based case
  2. Every detainer ground has exactly the same demand rule
  3. Fixed expiration can never support detainer
  4. The defendant acquires title automatically
  5. All lease cases require a criminal demand

Legal references

  • Rules of Court specified Rules69–71: https://lawphil.net/courts/rules/rc_1-71_civil.html Rule70 Sections1–2.
  • Cruz v Spouses Christensen GR205539 October4,2017 MAIN: https://lawphil.net/judjuris/juri2017/oct2017/gr_205539_2017.html

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