MANUEL T. GUIA VS. CA AND JOSE B. ABEJO GR NO. 120864 October 8, 2003

Facts: Two parcels of land covering a fishpond equally owned by PrimitivaLejano and LorenzaAraniego.  The one half undivided portion owned by Araniego was later purchased by plaintiff from his father TeofiloAbejo, the only heir of the original owner (husband of Araniego). Prior to this sale, the whole fishpond was leased by the heirs of Primitiva Lejano with the knowledge and consent of Teofilo A. Abejo in favor of De Guia.  De Guia continues to possess the entire fishpond and derived income therein despite the expiration of the lease contract and several demands to vacate by TeofiloAbejo and by his successor-in-interest, Jose Abejo.Abejo filed a complaint for recovery of possession with damages against De Guia. However, Abejo failed to present evidence of the judicial or extrajudicial partition of the fishpond.

Issue: Whether a co-owner can file ejectment case against a co-owner?Whether Abejo was entitled to rent?

Held: Under Article 484, “there is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. A co-owner of an undivided parcel of land is an owner of the whole, and over the whole he exercises the right of dominion, but he is at the same time the owner of a portion which is truly abstract. Article 487 also provides that ‘anyone of the co-owners may bring an action for ejectment”. This article covers all kinds of actions for the recovery of possession. Any co-owner may file an action under Article 487 not only against a third person, but also against another co-owner who takes exclusive possession and asserts exclusive ownership of the property. However, the only purpose of the action is to obtain recognition of the co-ownership. The plaintiff cannot seek exclusion of the defendant from the property because as a co-owner he has a right of possession.

If one co-owner alone occupies the property without opposition from the other co-owners, and there is no lease agreement, the other co-owners cannot demand the payment of rent.  Conversely, if there is an agreement to lease the house, the co-owners can demand rent from the co-owner who dwells in the house.

The Lejano Heirs and TeofiloAbejo agreed to lease the entire FISHPOND to DE GUIA.  After DE GUIA’s lease expired in 1979, he could no longer use the entire FISHPOND without paying rent.