Petitioner
Rey Castigador Catedrilla
Respondent
Mario
Citation
G.R. No. 179011
Court
Supreme Court
Division
Third Division
Ponente
Peralta, J.
Decided
April 15, 2013

Summary

This ejectment case involved petitioner Rey Catedrilla, a co-heir to Lot No. 5 in Lambunao, Iloilo, seeking to eject respondent spouses Mario and Margie Lauron who had been occupying the lot since 1980 by tolerance. The Court of Appeals initially dismissed the case, ruling that other co-heirs should have been impleaded as co-plaintiffs and that Mildred Kascher (owner of the house on the lot) was an indispensable party. The Supreme Court reversed, holding that under Article 487 of the Civil Code, any co-owner may bring an ejectment action without joining other co-owners. The Court found that respondents were the proper defendants as actual possessors, and that a barangay settlement regarding sale of the lot was rescinded due to non-compliance. The case establishes that co-owners need not join other co-owners in ejectment suits and clarifies proper parties in unlawful detainer cases.

Statutes applied

Related cases

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By Intellegal Editorial Board · April 15, 2013

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