- Petitioner
- Heirs of Torres
- Respondent
- Goduco-Mendoza
- Citation
- G.R. No. 233370
- Court
- Supreme Court
- Division
- Third Division
- Decided
- August 28, 2019
Summary
The Supreme Court denied the petition of heirs claiming ownership of disputed property against occupying spouses. Petitioners filed unlawful detainer claiming respondents possessed by mere tolerance, but failed to provide evidence supporting this allegation. The Court emphasized that tolerance requires actual permission, not mere silence, and petitioners presented no documentary proof or witness testimony. Since ownership was the core disputed issue - with respondents having raised ownership claims as early as 1990 when they filed criminal complaints - the appropriate remedy was accion reinvindicatoria rather than summary ejectment. The Court affirmed that mere allegations without evidence cannot establish a case for unlawful detainer based on tolerance.