SC: Any One of The Co-Owners May File an Action for Ejectment

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SC: Any One of The Co-Owners May File an Action for Ejectment

In De Vera et al. vs. Manzanero, et al. (G.R. No. 232437, June 30, 2021), the Supreme Court discussed that any one of the co-owners of the property may bring an action for ejectment. Any and all unlawful occupants of the property may be ordered by the court to voluntarily surrender possession thereof, demolish the structure built therein, and pay damages. Thus:

“Article 487 of the Civil Code provides, “[a]ny one of the co-owners may bring an action in ejectment.” This article covers all kinds of actions for the recovery of possession. Article 487 includes forcible entry and unlawful detainer (accion interdictal), recovery of possession (accion publiciana), and recovery of ownership (accion de reivindicacion). The summary actions of forcible entry and unlawful detainer seek the recovery of physical possession only. These actions are brought before municipal trial courts within one year from dispossession. However, accion publiciana, which is a plenary action for recovery of the right to possess, falls under the jurisdiction of the proper regional trial court when the dispossession has lasted for more than one year. Accion de reivindicacion, which seeks the recovery of ownership, also falls under the jurisdiction of the proper regional trial court.”

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