- Petitioner
- Fernandez
- Respondent
- Fernandez
- Citation
- G.R. No. 266145
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Lazaro-Javier, J.
- Decided
- August 19, 2024
Summary
This case involves a property dispute between Ma. Dulce C. Fernandez (usufructuary and mother) and her son Enrique C. Fernandez (co-owner) over a Makati property. After becoming co-owners, the siblings granted their mother usufructuary rights and full possession through a 1999 Contract of Usufruct and 2000 Memorandum of Agreement. Dulce tolerated Enrique's 24-year stay until health issues prompted her to demand his departure in 2018. The Supreme Court ruled that usufructuary rights grant exclusive possession, making Enrique's continued stay after the demand unlawful detainer. The Court held that as co-owner, Enrique voluntarily surrendered his possession rights through the contracts, retaining only the right to alienate his share. The decision clarifies that a usufructuary can eject a co-owner during the usufruct period when the co-owners have contractually ceded possession rights. Enrique was ordered to comply with the contracts and pay attorney's fees, while reasonable rent of PHP325,000 monthly from the demand date was noted as already paid.