Case Summary (G.R. No. 161916)
Factual Background
Dominador acquired Lot 7226 by simulated 1962 deed of sale to secure a loan. After his death in 1987, petitioner executed an affidavit of self-adjudication, claiming sole heirship. Respondents, born and raised on the property, assert continuous actual possession since birth and ancestral rights as children of Ramon and Oligia Adlawan, original owners, and as heirs of Graciana. Respondents deny petitioner’s filiation and claim co-ownership.
Issue Presented
Can petitioner, asserting sole ownership, validly maintain an unlawful detainer action against respondents when co-ownership exists?
MTC and RTC Findings
The MTC found petitioner’s cause of action premature for lack of estate settlement and decreed co-ownership with Graciana; thus dismissed the complaint. The RTC held Dominador’s title unassailable, recognized petitioner as sole heir, and granted ejectment and compensation at ₱500/month from August 2000.
Court of Appeals Rationale
The CA concluded that intestate succession under Arts. 998 and 1078 of the Civil Code created co-ownership among petitioner, Graciana, and thereafter her heirs. As petitioner sued in his name alone claiming exclusive rights, he lacked authority under Art. 487 (any one co-owner may bring ejectment) because the action was not for the benefit of all co-owners.
Supreme Court Analysis
- Intestate succession rendered petitioner and Graciana co-owners of Lot 7226; upon Graciana’s death, her share passed to blood relatives or, failing them, to the State (Art. 1011).
- Article 487 permits one co-owner to sue for possession only when the action benefits all co-owners; an exclusive claim requires joinder of indispensable co-owners.
- Petitioner disavowed co-ownership by asserting sole heirship, executing a self-adjudication affidavit,
Case Syllabus (G.R. No. 161916)
Facts
- The dispute concerns Lot 7226 and the house thereon (TCT No. 8842) in Barrio Lipata, Minglanilla, Cebu, formerly registered in the name of the late Dominador Adlawan.
- Petitioner Arnelito Adlawan claims to be the acknowledged illegitimate son and sole heir of Dominador (d. May 28, 1987), executed an affidavit of self-adjudication over the property, and allowed respondents Emeterio (59) and Narcisa (70)—siblings of Dominador—to occupy it temporarily.
- In January 1999, petitioner verbally demanded respondents vacate; they refused and filed a quieting-of-title action (RTC, CEB-23205).
- After a final demand letter dated August 2, 2000, petitioner filed an unlawful detainer suit on August 9, 2000 (MTC Minglanilla, CC No. 392).
- Respondents assert ancestral and continuous possession since birth, tracing ownership to parents Ramon and Oligia Adlawan; Dominador’s 1962 deed of sale was simulated to secure a loan, and his spouse Graciana died without issue in 1997.
- Respondents further allege forgery of Dominador’s signature on petitioner’s birth certificate and question petitioner’s filiation and succession rights.
Procedural History
- February 12, 2002: MTC Minglanilla dismisses petitioner’s ejectment suit for failure to prove filiation and because Dominador’s widow Graciana and her heirs share in the estate.
- On appeal, September 13, 2002: RTC Cebu City, Branch 7 reverses, upholds Dominador’s title, recognizes petitioner as sole heir, orders respondents to deliver possession and p