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Forcible Entry with Residential House Constructed

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vebinua


Arresto Menor
Can a residential house constructed from forcibly entering a lot be exempt from writ of execution of judgement?

Someone forcibly entered our house and built a structure on the surrounding vacant lot. We won the case and the judgement was for them to peacefully vacate and surrendered the lot to us. They filed for an MR (Motion for Reconsideration) and they won with the premise that the house they constructed is a residential house and that a residential house is exempt from execution.

Does this imply that anyone could simply enter someone else's lot and build a structure and eventually claim that it is residential so you wouldn't be ejected?

Thank you!

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