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INCOMPETENT v. CA

FACTS:

Carmen Cañiza, a retired pharmacist and former professor, sought the eviction of the Estrada spouses from her house and lot in Quezon City. The defendants had been residing rent-free in Cañiza's property but refused to leave despite demands from Cañiza and her legal guardian, Amparo Evangelista. Cañiza claimed to be the sole and absolute owner of the property and argued that the defendants' refusal to vacate unlawfully deprived her of possession of the house. She also stated that she needed the house urgently to raise funds for her support, maintenance, and medical treatment as her health was failing. Cañiza filed an amended complaint seeking the eviction of the defendants and payment of attorney's fees and costs of the suit.

ISSUES:

  1. Whether or not an ejectment action is the appropriate judicial remedy for the recovery of possession of the property in dispute.

  2. Assuming desahucio to be proper, whether or not Evangelista, as Cañiza's legal guardian, had the authority to bring said action.

  3. Assuming an affirmative answer to both questions, whether or not Evangelista may continue to represent Cañiza after the latter's death.

RULING:

  1. An ejectment action is the appropriate remedy: The Court ruled that an ejectment action or unlawful detainer is proper for recovering possession when the occupants' stay is merely tolerated and becomes unlawful upon demand to vacate.

  2. Evangelista had the authority to bring the action: Evangelista, as the judicial guardian, had full authority to take actions to manage the properties of Cañiza, including filing actions for ejectment to address Cañiza's urgent need for funds generated from the property.

  3. Evangelista may continue to represent posthumously: The Court recognized that the heirs of Cañiza, including Evangelista, could be substituted as parties to continue the action for ejectment after Cañiza’s death, following the rules on substitution of parties in civil cases.

PRINCIPLES:

  • Nature of Action: The nature of an action and jurisdiction is determined by the allegations in the complaint and the relief sought.

  • Unlawful Detainer: Tolerated possession requires an implied promise to vacate on demand, which may lead to an unlawful detainer action when the demand is refused.

  • Effectivity of Wills: A will has no effect until it is probated and therefore does not confer ownership or rights of possession until that time.

  • Powers of Legal Guardians: Legal guardians have the right and duty to possess and manage the ward's estate, including taking necessary actions for its preservation and use.

  • Survival of Actions: Ejectment actions survive the death of a party and can be continued by the heirs or substitutes of the deceased.