Petitioner
Victoria R. Arambulo
Respondent
Emerenciana R. Gungab
Citation
G.R. No. 156581
Court
Supreme Court
Division
First Division
Ponente
Quisumbing, J.
Decided
September 30, 2005

Summary

This unlawful detainer case involved family members disputing property possession. Emerenciana Gungab, registered owner of Quezon City property under TCT No. 48330, sought to eject her sister Victoria and nephew Miguel who occupied portions by tolerance. Lower courts initially dismissed the cases, but the Court of Appeals reversed, ordering petitioners to vacate. The Supreme Court affirmed, holding that a Torrens title holder has preferred right to possession. Petitioners' occupation was merely tolerated, becoming unlawful after withdrawal of consent. Their unsubstantiated co-ownership claims and good faith builder arguments under Article 448 were rejected. The Court ruled that pending reconveyance cases cannot suspend ejectment proceedings, as ownership determination in ejectment is only provisional for possession purposes.

Statutes applied

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By the Intellegal Editorial Board · September 30, 2005

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