4/7/2021 E-Library - Information At Your Fingertips: Printer Friendly could be freely used by any member of the family. One of their brothers, Dionisio, executed an affidavit attesting to such agreement. The Certificate of Lot Award issued by the BCDA, proving that the subject parcel of land was awarded to the "Heirs of Anatalio F. Madayag" was also presented. The CA, therefore, ruled: WHEREFORE, the Decision dated August 3, 2012 and Order dated March 14, 2013 of the Regional Trial Court are reversed and set aside. The Judgment dated January 6, 2012 of the Municipal Trial Court in Cities is reinstated. SO ORDERED. The Issue Did the CA err in reinstating the MTCC Judgment dismissing Patrick's complaint for forcible entry? The Court's Ruling We answer in the affirmative. The invariable rule is that what determines the nature of the action, as well as the court has jurisdiction over the case, are the allegations in the complaint.[16] In ejectment cases, the complaint must state and sufficiently show on its face the essential facts laid down under Section 1, Rule 70 of the Rules of Court, to give the court jurisdiction without resort to parol evidence. The above-cited provision requires that in action for forcible entry, as in this case, it must be alleged that the complainant was deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, and that the action was filed anytime within one year from the time the unlawful deprivation of possession took place,[17] except that when the entry is through stealth, the one-year period is counted from the time the complainant learned of the dispossession.[18] It is not necessary, however, for the complainant to utilize the language of the statute.[19] It would suffice that the facts are set up. showing that complainant has prior physical possession of the property in litigation and that he was dispossessed thereof through defendant's unlawful act/s constituting force, intimidation, threat, strategy, or stealth.[20] It is imperative, thus, to carefully scrutinize the allegations in the Complaint to determine whether the required jurisdictional averments were complied with. Pertinent portions thereof are quoted herein, viz.: 3. [Patrick] is an owner of a 493[-]square[-]meter parcel of land, known as Lot 24, Block 7, located at No. 63 Scout Barrio Housing Project, Baguio City, having acquired the same from Bases Conversion Development Authority (BCDA). Copy of the Deed of Sale and Certificate of Title are hereto attached[.] 4. Standing on the lot is a one-storey residential house which was the subject of a DEED OF ADJUDICATION OF REAL PROPERTY AND QUITCLAIM https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66248 4/9