Leonor B. Cruz v. Teofila M. Catapang

Summary

This case involves a dispute over forcible entry on co-owned property. Respondent built a house in 1992 that intruded on property co-owned by petitioner and two others, with consent from only one co-owner. When petitioner discovered the intrusion in 1995, she demanded vacation but was refused. The Supreme Court held that consent of one co-owner is insufficient to allow third party construction on co-owned property, as this violates Civil Code provisions on co-ownership requiring unanimous consent for alterations. The Court ruled that entry through connivance with one co-owner still constitutes forcible entry by strategy or stealth, and the action was timely filed within one year of discovery. The decision reinforces the principle that co-owners cannot unilaterally prejudice the co-ownership by allowing exclusive use by third parties.