Asis Vs Asis

ASIS VS ASIS
FACTS:
Respondent Consuelo Asis Vda. De Guevarra, claiming to be the owner of the apartment
units located at 1495, 1497 and 1499 7th Street, Fabie Subdivision, Paco, Manila, filed
separate ejectment cases with MeTC against her brothers Romeo, Oscar and Eduardo, all
surnamed Asis, the petitioners herein.
Respondent admits that the land on which the apartment units were built are owned in
common by her and her siblings, including petitioners, but alleges that she alone owns the
apartment units, having paid for the construction of the same, and that the name of
petitioners had only been included in the title of the property at the instance and
benevolence of respondent.
She then alleges that petitioners, as lessees of the apartment units, had been paying her
for several years monthly rentals of P500.00, P1,000.00 and P2,000.00 respectively, for
their occupation of the apartment units.[6] All of a sudden, and she states that for no
justifiable reason, petitioners stopped paying rent. Despite repeated demands, they failed
and refused to pay. When the matter could not be settled by the Barangay Lupon, a
Certification to File Action was issued. The cases against petitioners were then
consolidated, as they involved common issues and questions of fact and law.
Petitioners claim that they are co-owners not only of the lot but also of the apartment
units, by virtue of inheritance, because it was their parents the original owners of the land
who had constructed the apartment units by way of loan and mortgage of the land with
the Philippine National Bank in 1964. They each claimed that they have never paid any
rental for the occupation of the apartment units to respondent.
Petitioner Eduardo added that any money he may have given to respondent was in the
form of abuloy (alms), since respondent was their eldest sister, and a widow without
children. In their petition with this Court, they admit to having previously paid the exact
amounts specified by respondent monthly, but averred that these were not rentals but
contributions for the upkeep and maintenance of the premises.
The records show that petitioners claim of co-ownership over the apartment units is solely
based on the principle of accession. They argue that since they can establish possession of
the apartment units during the lifetime of their parents who were then owners of the
parcel of land and the buildings/improvements situated thereon, then their inheritance as
compulsory heirs must necessarily include ownership not only of the land but also of the
improvements.
The MeTC ruled for respondent, finding sufficient basis for the valid ejectment of
petitioners. RTC reversed on the ground that the latter had no jurisdiction over the case
since it involved not only possession of the lot but of the rights of the parties on the
building constructed thereon.
ISSUE: Whether MeTC has jurisdiction?
HELD: YES. In an action for unlawful detainer, the municipal or metropolitan trial court has
jurisdiction when the plaintiff really and primarily seeks the restoration of possession; even if
there is a need to resolve the ownership of the disputed property to determine who has prior
possession. As long as the issue of ownership is to be ascertained ONLY for the purpose of
determining the issue of possession, then the court can make a declaration who among the
contending parties is the real owner of the property. Any such pronouncement is to be regarded
merely as provisional, and will not bar nor prejudice an action between the same parties
involving title to the disputed property.
Petitioners cannot negate the jurisdiction of the MeTC by invoking the Chua Peng Hian case. As
correctly pointed out by the CA, the RTC erred when it was applied to the case at bar. What was
filed therein was an action for specific performance [with the then Court of First Instance], and it
was the defendant there who raised the issue that the Court of First Instance had no jurisdiction,
implying that the case was really an issue of possession. Thus, it was in this context that this
Court held that the Court of First Instance had jurisdiction over the case, not only because the
issues raised do not only involve the possession of the land, but also the rights of the parties to
the building constructed thereon.

Asis Vs Asis

Uploaded by

Copyright:

Available Formats

Asis Vs Asis

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Asis Vs Asis

Uploaded by

Copyright:

Available Formats

ASIS VS ASIS

ISSUE: Whether MeTC has jurisdiction?

You might also like