G.R. No. 152145 - SALUD D. LOPEZ, REMEDIOS LOPEZ-MARZAN, ROSE LOPEZ-CO, AMADO D. LOPEZ, CYNTHIA LOPEZ-PORTUGAL, JOSE D. LOPEZ JR., AND MAY LOPEZ RUEDA REPRESENTED BY SALUD D. LOPEZ, VS. ROBERT P. DAVID JR. AND CLEOPATRA DAVID CAMPO-RUIZ. DECISION - Supreme Court E-Library

Ruling

WHEREFORE , the petition is GIVEN DUE COURSE . The appealed decision of the Regional Trial Court of Quezon City (Branch 95) is REVERSED and SET ASIDE and another rendered DISMISSING the ejectment case. [4] On the other hand, the challenged Resolution denied petitioners Motion for Reconsideration. The Facts The facts of the case are narrated by the CA as follows: Subject of an action for ejectment before the Metropolitan Trial Court [MeTC] of Quezon City (Branch 38) was a 540 square-meter land (or subject property), located at No. 174 Sct. Fuentebella, Quezon City and covered by TCT No. RT-109698 (26613) in the name of Jose C. Lopez (or Lopez). The action was instituted on October 2, 1996 by Salud D. Lopez, Remedios Lopez-Marzan, Rose Lopez-Co, Amado D. Lopez, Cynthia Lopez-Portugal, Jose D. Lopez, Jr. and May Lopez-Rueda [or petitioners] against Robert P. David and Cleopatra David Campo-Ruiz [or respondents]. It was predicated on the averments that [petitioners] are the owners of the subject property which was purchased from the Peoples Homesite and Housing Corporation by Lopez, deceased husband of [petitioner] Salud D. Lopez (or Salud) and father of the rest of the [petitioners]; that in 1954, upon her request, Cirila Sadsad Vda. De David (or Cirila), Saluds mother and [respondents] grandmother, was allowed by Salud to build a residential house on the subject property and to stay thereon until she could find a suitable residence of her own; that upon Cirilas death, [respondents] continued her occupancy of the subject property; that the possession of Cirila and [respondents] of the subject property, without paying rentals and a written contract, was upon tolerance of Salud; that [petitioners] withdrew their consent to [respondents] occupancy of the subject property per their lawyers letter dated August 10, 1995 demanding of them to vacate the same on or before September 15, 1995, which [respondents] did not heed. In their defense, [respondents] alleged that the subject property is owned in common by Cirilas children, Salud, Robert S. David, Sr. (father of [respondent] Robert P. David) and Celestina S. David (mother of the other [respondent]); that the subject property was placed in the name of Lopez upon the agreement that it would be held in trust for Cirilas children; and that Salud, Ligaya S. David (mother of [respondent] Robert P. David) and Celestina S. David built a three-door apartment on the subject property which equally belongs to them. On August 15, 1997, the [MeTC] rendered a decision, the dispositive portion of which reads: WHEREFORE, premises considered, judgment is hereby rendered in favor of [petitioners] and against [respondents]. Accordingly, the latter is hereby ordered as follows: a) To vacate the disputed property, specifically located at No. 174 Sct. Fuentebella St., Diliman, Quezon City and completely surrender possession thereof to [petitioners]; b) To pay [petitioners] the amount of P10,000.00 as