AYSON V. SPOUSES PARAGAS (EJECTMENT)

It must be remembered that in ejectment suits, the issue to be resolved is merely the PHYSICAL POSSESSION over the property, i.e., possession de facto and not possession de jure, independent of any claim of ownership set forth by the party-litigants. Should the defendant in an ejectment case raise the defense of ownership in his peladings and te question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved ONLY TO DETERMINE THE ISSUE OF POSSESSION.

The judgment rendered in such an action shall be conclusive only with respect to physical possession and shall in no wise bind the title to the realty or constitute a binding and conclusive adjudication of the merits on the issue of ownership. Therefore, such judgment shall not bar an action between the same parties respecting the title or ownership over the property, which action was precisely resorted to by respondent-spouses in this case.