Back

James Estreller, et al. Vs. Luis Migue Ysmael, et al.

JAMES ESTRELLER, EDUARDO CULIANAN, GREG CARROS, RAQUEL YEE, JOSELITO PENILLA, LORNA DOTE, CRESENCIANA CLEOPAS,TRINIDAD TEVES, SONIA PENILLA, ANITA GOMINTONG, CHING DIONESIO, MARIBEL MANALO, DESIRES HUERTO, and RAYMUNDO CORTES, Petitioners, versus LUIS MIGUEL YSMAEL and CRISTETA L. SANTOS-ALVAREZ, Respondents.*

G.R. No. 170264 | 2009-03-13

D E C I S I O N


AUSTRIA-MARTINEZ, J.:

In the present petition, the Court finds occasion to reassert the legal precepts that a co-owner may file an action for recovery of possession without the necessity of joining all the other co-owners as co-plaintiffs since the suit is deemed to be instituted for the benefit of all; and that Section 2 of Presidential Decree (P.D.) No. 2016, reinforced by P.D. No. 1517, which prohibits the eviction of qualified tenants/occupants, extends only to landless urban families who are rightful occupants of the land and its structures, and does not include those whose presence on the land is merely tolerated...