Spouses Alfredo & Rosario Mendoza v. Maria Coronel, [G. R. No. 156402] Case Digest

 

Spouses Alfredo & Rosario Mendoza v. Maria Coronel,  

G. R. No. 156402

 

 

Facts:

Respondent Maria Coronel is one of the co-owners of Lots 3250 and 3251 located at Sagrada Familia, Hagonoy, Bulacan. Petitioners, spouses Alfredo and Rosario Mendoza, occupied said lots upon tolerance of respondent and her co-owners without paying any rent. When respondent demanded that petitioners vacate the premises, the latter refused.

Respondent filed a case before the MTC of Hagonoy, Bulacan for unlawful detainer against petitioners. The MTC ruled in favor of respondent.

Petitioners appealed to the RTC of Malolos, Bulacan which ruled in their favor. RTC] held that the co-owners of the subject lot should have been impleaded as indispensable parties. CA eversed and set aside the ruling of the RTC.

 

 

Issue:

Whether any of the co-owners may bring an action in ejectment.

 

 

Held:

Yes.

 

 

Ratio:

Any one of the co-owners may bring an action in ejectment.

Article 487 is a departure from the rule laid down in the case of Palarca v. Baguisi7 which held that an action for ejectment must be brought by all the co-owners.