Dear PAO,
My brother and I owned a house and lot in common. We inherited the said property from our parents (deceased), and the same is still undivided. He is occupying the first floor while I occupy the second floor. On one occasion, we had a quarrel pertaining to the use of the vacant space located at the back of the property. He took it personally and filed a complaint against me before the barangay for the purpose of evicting me from the premises. According to him, he owns the whole property, as he is the one who is actually preserving it. Can I be ejected from the said property?
Wanley
Dear Wanley,
It appears that you are a co-owner of the property based on the given set of facts. Pursuant to Article 484 of the New Civil Code of the Philippines: “There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this Title.”
As a co-owner, you also have the right to possess the property. This finds support under Article 486 of the said Code, which provides:
“Each co-owner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights. The purpose of the co-ownership may be changed by agreement, express or implied.”
Further, the Supreme Court, speaking through Associate Justice Alfredo Benjamin Caguioa, was explicit in its pronouncement in the case of Spouses Bangug vs. Dela Cruz, GR 259061, Aug. 15, 2022, where it stated that:
“Being a co-owner of the property as heir of Carolina, petitioner cannot be ejected from the subject property. 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 co-owner may use and enjoy the property with no other limitation than that he shall not injure the interests of his co-owners. The underlying rationale is that until a division is actually made, the respective share of each cannot be determined, and every co-owner exercises, together with his co-participants, joint ownership of the pro indiviso property, in addition to his use and enjoyment of it.
“Ultimately, respondents do not have a cause of action to eject petitioner based on tolerance because the latter is also entitled to possess and enjoy the subject property. Corollarily, neither of the parties can assert exclusive ownership and possession of the same prior to any partition. If at all, the action for unlawful detainer only resulted in the recognition of co-ownership between the parties over the residential house.”
Applying the aforecited decision in your situation, your brother has no cause of action to evict you from the property since you are a co-owner of the property that you both inherited from your parents. As a co-owner, you are clearly entitled to possession and enjoyment of the same. The only limit to such a right is that you cannot injure the interest of your brother. There being no partition yet, neither of you can assert exclusive ownership and possession over the subject property.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
