Case Digest (G.R. No. 164110)
Facts:
Leonor B. Cruz, together with Luz Cruz and Norma Maligaya, co-owned a 1,435-square-meter parcel in Barangay Mahabang Ludlod, Taal, Batangas. Teofila M. Catapang built a house in 1992 with the consent of co-owner Norma Maligaya, but the structure intruded on the co-owned land; petitioner discovered the intrusion in September 1995 and filed a complaint for forcible entry on January 25, 1996.The 7th Municipal Circuit Trial Court ruled for petitioner and ordered respondent to vacate and pay attorneys’ fees; the Regional Trial Court, Branch 86, affirmed on October 22, 2001; the Court of Appeals reversed on September 16, 2003 and denied reconsideration on June 11, 2004, prompting this petition to the Supreme Court.
Issues:
- Whether the knowledge and consent of co-owner Norma Maligaya is a valid license for Respondent to erect the bungalow on the pro-indiviso premises sans consent from Petitioner and the other co-owner?
- Whether Respondent, by her acts, acquired exclusive ownershi
Case Digest (G.R. No. 164110)
Facts:
- Parties and subject property
- Leonor B. Cruz, Luz Cruz, and Norma Maligaya were co-owners pro indiviso of a parcel of land measuring 1,435 square meters located at Barangay Mahabang Ludlod, Taal, Batangas.
- Teofila M. Catapang built a house adjacent to the co-owned parcel sometime in 1992; the constructed house intruded upon a portion of the co-owned property.
- Consent, possession, and discovery
- Norma Maligaya, one of the co-owners, gave her consent and knowledge to Teofila M. Catapang to build the house and resided in the constructed house.
- Leonor B. Cruz discovered the encroachment during a visit in the first week of September 1995, made demands for demolition and vacation of the encroaching portion, and was met with refusal by Teofila M. Catapang.
- Initial judicial proceedings and judgments
- Leonor B. Cruz filed a complaint for forcible entry against Teofila M. Catapang on January 25, 1996 before the 7th Municipal Circuit Trial Court (MCTC) of Taal, Batangas.
- The MCTC rendered judgment in favor of the plaintiff, ordering the defendant to vacate and deliver possession of the area illegally occupied and to pay attorneys' fees of P10,000.00, plus costs of suit (Decision dated September 20, 1999).
- The Regional Trial Court (RTC), Branch 86, Taal, Batangas, affirmed the MCTC decision (Decision dated October 22, 2001).
- Teofila M. C...(Subscriber-Only)
Issues:
- Whether the knowledge and consent of co-owner Norma Maligaya is a valid license for Teofila M. Catapang to erect a bungalow on the premises owned pro indiviso without the consent of Leonor B. Cruz and the other co-owner.
- Whether Teofila M. Catapang, by her acts, acquired exclusive ownership over the portion of the lot pursuant to the consent granted by co-owner Norma Maligaya, to the exclusion of Leonor B. Cruz and the other co-owner....(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)