Catedrilla v. Lauron

Catedrilla v.
Lauron
G.R. No. 179011|April 15, 2013
Doctrine: A co-owner may bring an action for all kinds of action for the recovery of
possession, without the necessity of joining all the other co-owners as co-plaintiffs,
because the suit is deemed to be instituted for the benefit of all. If the action is for the
benefit of the plaintiff alone, such that he claims possession for himself and not for the
co-ownership, the action will not prosper.
Facts: Rey Castigador Catedrilla (Petitioner) filed with the MTC of Lambunao, Iloilo a
Complaint for ejectment against the spouses Mario and Margie Lauron (Respondents)
on the subject lot owned by Lilia Castigador, the petitioner's mother. Respondents,
through the tolerance of the heirs of Lilia, constructed a residential building of strong
materials on the northwest portion of the lot covering an area of 100 square meters. As
such, the heirs of Lilia made various demands for respondents to vacate the premises
and even exerted earnest efforts to compromise with them but the same was unavailing
and the petitioner reiterated the demand on respondents to vacate the subject lot, but
respondents continued to unlawfully withhold such possession.
In their Answer, respondents claimed that petitioner had no cause of action against
them, since they are not the owners of the residential building standing on petitioner's
lot, but Mildred Kascher sister of respondent Margie Lauro, as shown by the tax
declaration in Mildred's name.
The MTC rendered its Decision in favor of the plaintiff. Based on the allegations and
evidence presented, it appeared that petitioner is one of the heirs of Lilia Castigador
Catedrilla, the owner of the subject lot and that respondents are occupying the subject
lot; that petitioner is a party who may bring the suit in accordance with Article 487 of the
Civil Code; and as a co-owner, petitioner is allowed to bring this action for ejectment
under Section 1, Rule 70 of the Rules of Court; that respondents are also the proper
party to be sued as they are the occupants of the subject lot which they do not own.
Respondents filed their appeal with the RTC of Iloilo City, which rendered its Order and
affirmed the decision of MTC.
The CA issued its decision reversing and setting aside the decision of the RTC. The CA
found that only petitioner filed the case for ejectment against respondents and ruled that
the other heirs should have been impleaded as plaintiffs citing Section 1, Rule 7 and
Section 7, Rule 3 of the Rules of Court. The CA ruled that the presence of all
indispensable parties is a condition sine qua non for the exercise of judicial power; that
when an indispensable party is not before the court, the action should be dismissed as
without the presence of all the other heirs as plaintiffs, the trial court could not validly
render judgment and grant relief in favor of the respondents.
Issue: Whether petitioner can file the action for ejectment without impleading his co-
owners?
Held: Yes, petitioner can file the action for ejectment without impleading his co-owners.
In the case of Wee v. De Castro, the Supreme Court ruled that Art. 487 covers all kinds
of action for the recovery of possession, i.e., forcible entry and unlawful detainer (accion
interdictal), recovery of possession (accion publiciana), and recovery of ownership
(accion de reivindicacion).
As explained by Arturo Tolentino, a co-owner may bring such an action, without the
necessity of joining all the other co-owners as co-plaintiffs, because the suit is deemed
to be instituted for the benefit of all. If the action is for the benefit of the plaintiff alone,
such that he claims possession for himself and not for the co-ownership, the action will
not prosper.
In the more recent case of Carandang v. Heirs of De Guzman, the Court declared that a
co-owner is not even a necessary party to an action for ejectment, for complete relief
can be afforded even in his absence, thus, in suits to recover properties, all co-owners
are real parties in interest. However, pursuant to Article 487 of the Civil Code and the
relevant jurisprudence, any one of them may bring an action, any kind of action for the
recovery of co-owned properties. Therefore only one of the co-owners, namely the co-
owner who filed the suit for the recovery of the co-owned property, is an indispensable
party thereto. The other co-owners are not indispensable parties. They are not even
necessary parties, for a complete relief can be afforded in the suit even without their
participation, since the suit is presumed to have been filed for the benefit of all co-
owners.
In this case, although petitioner alone filed the complaint for unlawful detainer, he stated
in the complaint that he is one of the heirs of the late Lilia Castigador, his mother, who
inherited the subject lot, from her parents. Petitioner did not claim exclusive ownership
of the subject lot, but he filed the complaint for the purpose of recovering its possession
which would redound to the benefit of the co-owners. Since petitioner recognized the
existence of a co-ownership, he, as a co-owner, can bring the action without the
necessity of joining all the other co-owners as co-plaintiffs.

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Catedrilla v.

G.R. No. 179011|April 15, 2013

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