The Supreme Court has affirmed that a co-owner of a property can file an ejectment suit against occupants without needing to include all other co-owners as plaintiffs. This decision clarifies the rights of co-owners to protect their shared property and simplifies the process of recovering possession from unlawful occupants, ensuring that one co-owner’s initiative benefits all those with a stake in the property.

When Tolerance Ends: Can One Co-Owner Alone Eject Unlawful Occupants?

In Rey Castigador Catedrilla v. Mario and Margie Lauron, the central issue revolved around whether Rey Catedrilla, as one of the co-owners of a parcel of land, had the right to file an ejectment suit against the spouses Mario and Margie Lauron without including his fellow co-owners as co-plaintiffs. The case originated from a complaint filed by Catedrilla with the Municipal Trial Court (MTC) of Lambunao, Iloilo, seeking to eject the Laurons from a portion of land they occupied, claiming their occupancy was based on mere tolerance from the heirs of Lilia Castigador, Catedrilla’s mother and one of the original owners of the property. The Laurons countered that they were not the owners of the residential building on the lot, but rather Mildred Kascher, Margie’s sister, and that there had been prior negotiations for the sale of the property to Kascher.

The MTC ruled in favor of Catedrilla, ordering the Laurons to vacate the property. The Regional Trial Court (RTC) affirmed the MTC’s decision but deleted the award for attorney’s fees. However, the Court of Appeals (CA) reversed the lower courts’ decisions, stating that Catedrilla’s co-heirs should have been impleaded as co-plaintiffs and that Mildred Kascher, allegedly the real owner of the house on the subject lot, was an indispensable party whose non-inclusion made the complaint fatally defective.

The Supreme Court disagreed with the Court of Appeals, referencing Article 487 of the New Civil Code, which explicitly states that any one of the co-owners may bring an action in ejectment. The Court emphasized that such an action is deemed to be instituted for the benefit of all co-owners, and the presence of all co-owners as co-plaintiffs is not necessary for the suit to prosper. The ruling in Wee v. De Castro was cited, reinforcing the principle that a co-owner can file an ejectment case without joining other co-owners, as the suit benefits all.

Furthermore, the Supreme Court addressed the CA’s assertion that Mildred Kascher was an indispensable party, stating that the evidence did not sufficiently prove her ownership or that she was the real party-in-interest in possession of the property. The Court noted that while there were negotiations for the sale of the property to Kascher, the amicable settlement reached before the Barangay was not fully complied with, and thus, the settlement could be considered rescinded, allowing Catedrilla to pursue the ejectment case. The Supreme Court emphasized that the primary issue in ejectment cases is the right to physical or material possession of the property, independent of claims of ownership.

The Supreme Court also clarified the nature and effect of amicable settlements reached in barangay conciliation proceedings. Citing Chavez v. Court of Appeals, the Court reiterated that an amicable settlement has the force and effect of a final judgment if not repudiated within ten days. However, this is qualified by Article 2041 of the Civil Code, which provides that if one party fails to abide by the compromise, the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand. Here, the Court found that the Laurons’ non-compliance with the settlement allowed Catedrilla to consider it rescinded and proceed with the ejectment case.

The Court also addressed the argument concerning the receipt signed by Teresito Castigador, acknowledging a down payment from Mildred Kascher for the purchase of the lot. The Supreme Court ruled that this receipt did not prove a perfected contract of sale, as there was no established authority for Teresito Castigador to sell the property on behalf of all the heirs of Lilia Castigador. Consequently, the Court focused on the fact that the respondent spouses were the actual occupants of the property without any valid contract of lease, indicating their possession was based on mere tolerance.

The decision underscores the principle that in ejectment cases, the critical question is who is entitled to the physical possession of the property, irrespective of ownership claims. It also highlights that a person occupying land by tolerance is bound by an implied promise to vacate upon demand, and failing to do so, a summary action for ejectment is the proper remedy. The Supreme Court concluded that Rey Castigador Catedrilla, as a co-owner of the subject lot, had the right to bring the action for ejectment against the Laurons, who were occupying the property without any contractual basis. Therefore, the Court reinstated the decision of the Regional Trial Court, ordering the Laurons to vacate the premises.

FAQs

What was the key issue in this case?	The key issue was whether one co-owner could file an ejectment suit without including all other co-owners as co-plaintiffs. The Supreme Court ruled affirmatively, stating that one co-owner can bring such an action for the benefit of all.
Can a co-owner file an ejectment case alone?	Yes, Article 487 of the New Civil Code allows any one of the co-owners to bring an action in ejectment without needing to join all other co-owners as co-plaintiffs. This action is considered to be instituted for the benefit of all co-owners.
What is the legal basis for a co-owner to file an ejectment case alone?	Article 487 of the New Civil Code provides the legal basis, stating, “Anyone of the co-owners may bring an action in ejectment.” This covers all actions for the recovery of possession, including forcible entry and unlawful detainer.
Who is considered an indispensable party in an ejectment case?	In an ejectment case, the indispensable party is the person in actual possession of the property, unlawfully withholding it from the owner or legal possessor. Ownership claims are secondary to the right of possession in such cases.
What is the effect of an amicable settlement in barangay conciliation?	An amicable settlement reached during barangay conciliation has the force and effect of a final judgment if not repudiated within ten days. However, if one party fails to comply with the settlement, the other party can either enforce it or consider it rescinded.
What happens if one party fails to comply with an amicable settlement?	If one party fails to comply with the amicable settlement, the other party can either enforce the compromise or regard it as rescinded and insist upon his original demand. This is provided under Article 2041 of the Civil Code.
What is the primary issue in an ejectment case?	The primary issue in an ejectment case is who is entitled to the physical or material possession of the property, independent of any claim of ownership. The focus is on determining who has the better right of possession.
What is the status of a person occupying land by tolerance?	A person occupying land by tolerance is bound by an implied promise to vacate the same upon demand. If they fail to do so, a summary action for ejectment is the proper remedy against them, analogous to a lessee whose term has expired.

This case clarifies and reinforces the rights of co-owners in the Philippines, providing a straightforward path for any co-owner to protect the shared property from unlawful occupants. The Supreme Court’s decision ensures that the process of recovering possession remains accessible and efficient, benefiting all parties with an interest in the co-owned property.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: REY CASTIGADOR CATEDRILLA VS. MARIO AND MARGIE LAURON, G.R. No. 179011, April 15, 2013