2007 Bar: What should the court do? Explain briefly. (5%)


2007 Bar: X files an unlawful detainer case against Y before the appropriate Metropolitan Trial Court. In his answer, Y avers as a special and affirmative defense that he is a tenant of X‘s deceased father in whose name the property remains registered. What should the court do? Explain briefly. (5%)
The court should proceed to hear the case under the Rules on Summary Procedure. Unlawful detainer refers to actual physical possession, not ownership. Defendant Y who is in actual possession is the real party-in-interest. It matters not that he is a tenant of the deceased father of the plaintiff, X, or that X‘s father is the registered owner of the property (Lao v. Lao).