Tining Resuena v. Hon. Court of Appeals

Summary

This case involves an ejectment dispute over co-owned properties in Talisay, Cebu. Six petitioners occupied portions of Lots 2587 and 2592 co-owned by respondent Juanito Borromeo, Sr. with others, claiming permission from various co-owners. When respondent sought to expand his beach resort, he filed for ejectment. The Supreme Court upheld respondent's right under Article 487 of the Civil Code, which allows any co-owner to bring ejectment actions for the benefit of all co-owners. The Court rejected petitioners' claims of estoppel, executed contracts, and assignment rights, finding they were mere occupants by tolerance without legal basis to remain. The decision establishes that co-owners can eject unauthorized occupants even from undivided property, and occupants by tolerance cannot claim possessor rights or reimbursement for improvements.