Sering v. Plazo, 166 SCRA 84 (Case Digest)

 

Sering v. Plazo,

166 SCRA 84

 

Facts:

The proceeding at bar had its inception in a forcible entry suit filed by petitioner Sering against respondent Spouses Restituto Plazo and Gertrudes Suan with the then Municipal Court of del Carmen, Surigao del Norte.  The case resulted in a judgment against the Plazos who thereupon appealed to the Court of First Instance of Surigao del Norte. In the latter court the Plazos learned that the property subject of the suit was not owned solely by Sering but was owned in common by him and others. This prompted the Plazos to move for the impleading of the other co-owners as parties plaintiff, on the theory that they were indispensable parties.

 

 

Issue:

Whether or not an action  of forcible entry and detainer must be brought in the name of all co-owners

 

 

Held:

No.

 

 

Ratio:

Anent the question of whether an action of forcible entry and detainer should be brought in the name of all co-owners, We hold that under Article 487 of the new Civil Code, any of the co-owners may bring the action.