Petitioner
Teodoro S. Teodoro (Deceased)
Respondent
Danilo Espino
Citation
G.R. No. 189248
Court
Supreme Court
Division
Second Division
Ponente
Perez, J.
Decided
February 5, 2014

Summary

This forcible entry case involved competing claims of co-heirs over a 248 square meter portion of ancestral property. Teodoro Teodoro claimed possession through inheritance from Petra Teodoro via probated will, while respondents claimed possession through decades of residence and extrajudicial partition. The case produced conflicting decisions: MTC dismissed for lack of ownership proof, RTC ordered ejectment based on prior possession, CA dismissed finding no prior physical possession, and the Supreme Court finally ruled that as co-owners of undivided inherited property under Civil Code provisions, Teodoro Teodoro had the right to possess the specific area previously occupied by his predecessor Petra Teodoro and could not be unlawfully dispossessed by fellow co-owners through forcible entry.

Statutes applied

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By the Intellegal Editorial Board · February 5, 2014

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