The Supreme Court ruled that a co-owner cannot be ejected from a property in an unlawful detainer case. This decision underscores that each co-owner holds rights over the entire property and can use and enjoy it, provided they do not harm the interests of other co-owners. The Court emphasized that until a formal division or partition occurs, no co-owner can claim exclusive ownership or possession. This ruling protects the rights of co-owners, preventing premature or unjust evictions and reinforcing the principle that co-ownership entails shared rights and responsibilities. Ultimately, if co-owners are in conflict, the appropriate legal recourse is an action for partition, not unlawful detainer.

When Shared Ownership Obstructs Ejectment: Who Decides on a Co-Owned Property?

In Fortunato Anzures v. Spouses Erlinda and Arturo Ventanilla, the central issue revolves around a dispute over a residential house situated on a parcel of land in Bulacan. The Spouses Ventanilla filed an unlawful detainer case against Fortunato Anzures, claiming they had tolerated his occupancy but now needed the property for partition. Anzures countered that he co-owned the property and that the deed of donation transferring a portion of it to the Ventanillas was forged. The lower courts ruled in favor of the Ventanillas, but the Supreme Court reversed these decisions, focusing on the nature of co-ownership and the proper remedies available when co-owners disagree. The core legal question is whether an action for unlawful detainer is the appropriate remedy when the parties involved are co-owners of the disputed property.

The Supreme Court began its analysis by reiterating the principle that only questions of law should be raised in petitions under Rule 45 of the Rules of Court. However, it acknowledged several exceptions to this rule, including instances where the lower courts’ findings were based on a misapprehension of facts or a failure to cite specific evidence. The Court found that this case fell under these exceptions, necessitating a re-evaluation of the facts. The Court clarified the four remedies available to someone deprived of real property possession: unlawful detainer, forcible entry, accion publiciana, and accion reinvidicatoria. Distinguishing between these remedies is crucial because each addresses different aspects of property rights and possession.

Unlawful detainer, as defined by the Court, is an action to recover possession from someone who unlawfully withholds it after their right to possess has expired or been terminated. The crucial element in an unlawful detainer case is that the initial possession was lawful but later became unlawful due to the termination of the right to possess. Here, the respondents claimed that Anzures’ possession was by their tolerance. However, the defendant raised the defense of ownership. According to the Supreme Court, “When the defendant, however, raises the defense of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession.”

The Court then delved into the documentary evidence presented by both parties to ascertain the ownership of the property. The evidence revealed a complex history of transfers and agreements. The Court highlighted a series of documents, including a Waiver of Rights over the Unregistered Parcel of Land and a Deed of Absolute Sale of Unregistered Land, both executed in favor of Erlinda and Carolina. The court favored these documents over another document submitted by the petitioner, because the signatures were proven similar to each other.

Furthermore, the Court found that the Pagpapamana sa Labas ng Hukuman na may Pagtalikod sa Bahagi ng Lupa at Bilihang Tuluyan sa Lupa, which was submitted by the petitioner as evidence of ownership, was inconsistent with the clear intention of the original owners to transfer the property to both Erlinda and Carolina. This was because the document stated that rights were only waived in favor of Erlinda. The Court also took note of the agreement between the sisters and their brother Emiliano. The document titled, Pagkakaloob ng Bahagi ng Lupa na may Kasunduan, stated that Emiliano will be given 1/3 of the subject property but will be registered under the name of Carolina and that all 3 siblings will be co-owners of the property. Subsequently, Emiliano waived his share in favor of his two sisters via the document, Pagwawaksi ng Karapatan sa Pag-aari ng Bahagi ng Lupa.

Building on this analysis, the Court determined that the property was registered in Carolina’s name, pursuant to the agreement as indicated by the OCT No. 2011000008. This series of transactions culminated in the issuance of Original Certificate of Title (OCT) No. 2011000008, registered in the name of Carolina R. Anzures. The Court also addressed the petitioner’s claim that the deed of donation executed by his wife, Carolina, in favor of Erlinda, was a forgery. Echoing the Court of Appeals, the Supreme Court held that, “As a rule, forgery cannot be presumed. It must be proved by clear, positive and convincing evidence.”

The Court emphasized that the petitioner failed to provide any concrete evidence to support his claim of forgery, deeming it a self-serving assertion. Moreover, the Court noted that the petitioner did not dispute the authenticity of earlier documents, such as the waiver of rights and the deed of absolute sale, which transferred the property to Erlinda and Carolina. The Supreme Court emphasized the legal principle of estoppel. Estoppel prevents a person from denying or asserting anything contrary to that which has been established as the truth, whether by words, conduct, or silence. Thus, the petitioner was estopped from questioning the validity of the deed of donation.

Ultimately, the Supreme Court concluded that both Carolina and Erlinda were co-owners of the property, including the residential house. “Na kami, ERLINDA R. VENTANILLA kasal kay Arturo C. Ventanilla at CAROLINA R. ANZURES kasal kay Fortunato Anzures, mga Filipino, may mga sapat na gulang at naninirahan sa Brgy. Sta. Ines, BulakanBulacan. Na sa bisa ng ‘DEED OF ABSOLUTE SALE OF UNREGISTERED LAND, Doc. No. 232, Page No. 48, Book No. 31, Series of 2000, Jose S. Tayo-NP’ ay kami na ang mga lihitimung nagmamay-ari ng isang (1) parsela ng lupa na matatagpuan sa Brgy. Sta. Ines, Bulakan, Bulacan na nakatala sa pangalan ni VICENTA GALVEZ,” the court stated.

Based on the principle of co-ownership, the Supreme Court held that the petitioner could not be ejected from the property because he, as Carolina’s heir, also possessed rights to the property. The Supreme Court emphasizes that, “In a co-ownership, the undivided thing or right belong to different persons, with each of them holding the property pro indiviso and exercising [his] rights over the whole property. Each co­owner may use and enjoy the property with no other limitation than that he shall not injure the interests of his co-owners.” Since both parties are co-owners, neither can claim exclusive ownership or possession before partition, thus rendering the unlawful detainer action inappropriate. As such, the proper remedy for the respondents would have been an action for partition.

FAQs

What was the key issue in this case?	The key issue was whether an action for unlawful detainer is the proper remedy when the parties involved are co-owners of the disputed property. The Supreme Court ruled it was not, as co-owners have equal rights to possess the property.
What is unlawful detainer?	Unlawful detainer is a legal action to recover possession of property from someone who initially had lawful possession but whose right to possess has expired or been terminated. The person unlawfully withholds possession of the property from the owner.
What is co-ownership?	Co-ownership exists when an undivided thing or right belongs to different persons. Each co-owner holds the property pro indiviso, meaning they can exercise rights over the whole property without exclusive claim to any specific part.
Can a co-owner be ejected from a property by another co-owner?	No, a co-owner cannot be ejected from a property by another co-owner through an unlawful detainer action. Each co-owner has the right to possess and enjoy the property, provided they do not harm the interests of other co-owners.
What is the appropriate legal remedy when co-owners disagree?	The appropriate legal remedy when co-owners disagree is an action for partition. This allows each co-owner to demand the division of the common property, ensuring that their respective shares are properly allocated.
What evidence did the court consider in determining ownership?	The court considered various documents, including deeds of sale, waivers of rights, and the Original Certificate of Title (OCT). These documents helped trace the history of ownership and the agreements between the parties involved.
What is the meaning of legal principle of estoppel?	Estoppel prevents a person from denying or asserting anything contrary to that which has been established as the truth, whether by words, conduct, or silence. The court ruled that the petitioner was estopped from questioning the validity of the deed of donation because the actions of the parties concerned had established that the property belonged to both parties.
What does pro indiviso mean in the context of co-ownership?	Pro indiviso means that each co-owner holds the property jointly and does not have exclusive claim to any specific part of it. They share rights over the entire property until a formal division or partition occurs.

In conclusion, the Supreme Court’s decision in Fortunato Anzures v. Spouses Erlinda and Arturo Ventanilla clarifies the rights and obligations of co-owners, emphasizing that an action for unlawful detainer is not the proper remedy when co-ownership exists. Instead, the appropriate recourse is an action for partition to formally divide the property. This ruling protects the rights of all co-owners, ensuring they cannot be unjustly ejected from a property they jointly own.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Fortunato Anzures, vs. Spouses Erlinda Ventanilla and Arturo Ventanilla, G.R. No. 222297, July 09, 2018