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 Primitiva

Lejano and Lorenza Araniego. The one half undivided portion owned
by Araniego was later purchased by plaintiff from his father Teofilo Abejo ,
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 Teofilo
Abejo 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 Teofilo Abejo agreed to lease the entire FISHPOND to
DE GUIA. After DE GUIAs lease expired in 1979, he could no longer use the
entire FISHPOND without paying rent.