Petitioner
Arnelito Adlawan
Respondent
Emeterio M. Adlawan
Citation
G.R. No. 161916
Court
Supreme Court
Division
First Division
Ponente
Ynares-Santiago, J.
Decided
January 20, 2006

Summary

The Supreme Court dismissed petitioner Arnelito Adlawan's unlawful detainer suit against respondents Emeterio and Narcisa Adlawan over Lot 7226. Petitioner claimed to be the sole heir of his father Dominador Adlawan and executed a self-adjudication of the property. However, since Dominador was survived by his wife Graciana who died 10 years later, petitioner and Graciana's heirs became co-owners of the property. The Court held that under Article 487 of the Civil Code, while a co-owner may bring an ejectment action, this applies only when the suit benefits all co-owners. Since petitioner filed the case claiming sole ownership for his exclusive benefit, he lacked the requisite authority to maintain the action. The Court emphasized that respondents' four-decade possession of their ancestral property should be respected, and dismissed the petition, affirming the Court of Appeals decision that reinstated the Municipal Trial Court's dismissal of the complaint.

Statutes applied

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By the Intellegal Editorial Board · January 20, 2006

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