SECOND DIVISION
[G.R. No. 235551. April 11, 2018.]
OLIVER ABADILLA, petitioner, vs.EUGENIO VILLANUEVA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11 April 2018which reads as follows: cHDAIS
"G.R. No. 235551 — Oliver Abadilla versus Eugenio Villanueva
After reviewing the Petition and its annexes, including the Court of Appeals (CA) Decision 1 dated July 12, 2017 and the Resolution 2 dated October 18, 2017 in CA-G.R. SP No. 09258, the Court RESOLVES to DENY the instant Petition and AFFIRM the July 12, 2017 Decision and October 18, 2017 Resolution of the CA.
Assuming arguendo that the subsequent oral partition was not valid, such finding alone cannot serve as sustainable basis to grant the right of possession to petitioner. Respondent, along with the other heirs, are co-owners of the subject lot.
The Court, in Quijano v. Amante, 3 explained that in a co-ownership, each of the co-owners holds the property pro indiviso and exercises his or her rights with the entire property; thus, each co-owner may use and enjoy the property with no other limitation than that he shall not injure the interests of his co-owners. Until a division is actually made, the respective share of each cannot be determined, and every co-owner exercises, together with his co-participants, joint ownership of the pro indiviso property, in addition to his use and enjoyment of it. 4
Based on the foregoing, the Court finds that the CA did not commit any reversible error in affirming that respondent has a cause of action to file an unlawful detainer case against petitioner and that he has a right to continue to enjoy and possess the subject lot, being an heir who succeeded to the title of the lessor.
SO ORDERED.REYES, JR., J., on wellness leave."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 27-40. Penned by Associate Justice Pamela Ann Abella Maxino, with Associate Justices Germano Francisco D. Legaspi and Gabriel T. Robeniol concurring.
2.Id. at 43-48.
3. 745 Phil. 40 (2014).
4.Id. at 49.