De Vera v. Manzanero

Summary

This case involves a property dispute where heirs of Bernardo De Vera sought to recover possession of property forcibly taken by respondents based on an allegedly invalid waiver by the deceased's widow. The Regional Trial Court and Court of Appeals dismissed the complaint, ruling that the proper remedy was judicial partition since co-ownership existed. The Supreme Court reversed, holding that co-owners may file actions to recover possession against other co-owners who take exclusive possession, and that courts can determine co-ownership existence in such actions without requiring separate partition proceedings. The Court found petitioners established ownership through inheritance and ordered respondents to vacate the property, clarifying that recovery of possession and partition serve different purposes and one is not a prerequisite for the other.