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TINING RESUENA v. CA

FACTS:

Private respondent Juanito Borromeo, Sr. is a co-owner and overseer of certain parcels of land located in Pooc, Talisay, Cebu. He owns six-eighths (6/8) of Lot No. 2587, while the late spouses Inocencio Bascon and Basilisa Maneja own two-eighths (2/8). Lot No. 2592 is owned in common by respondent and the heirs of Nicolas Maneja, but the proportion of their undivided shares was not determined. Prior to the present action, petitioners resided in the portions of the land allegedly with the acquiescence or permission of the respective owners. Respondent developed portions of the land into a resort known as the Borromeo Beach Resort and demanded that petitioners vacate the property, but they refused. Respondent filed a complaint for ejectment against the petitioners, but the Metropolitan Trial Court (MTC) dismissed the complaint, ruling that respondent did not have a preferential right of possession over the disputed portions. The Regional Trial Court (RTC) reversed the MTC's decision and ordered the defendants to vacate the premises without prejudice to their occupation once partition is made. The Court of Appeals affirmed the RTC decision. This petition for review on certiorari involves several assigned errors.

ISSUES:

  1. Whether or not private respondent juanito borromeo is estopped from filing the ejectment case against the petitioners.

RULING:

  1. The Court ruled that respondent is not estopped from filing the ejectment case against the petitioners. This is because the verbal agreement alluded to by petitioners pertains solely to Lot No. 2587, which is different from Lot No. 2592 where petitioner Eutiquia Rosario occupies. The Court maintained the holding of the RTC that respondent has the right to eject petitioner Eutiquia Rosario from Lot No. 2592.

PRINCIPLES:

  • A co-owner is the owner and possessor of the whole property and can bring an action in ejectment for the benefit of all co-owners. (Article 487, Civil Code)

  • The right to eject a person occupying a co-owned property can only be exercised once the property has been partitioned and specific portions have been allocated to the co-owners.