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De Vera et al. vs. Manzanero et al.

MARIO T. DE VERA, FLORENCE DE VERA SANICOLAS, TERESITA T. DE VERA, PURISIMA DE VERA ESTRADA, LOURDES T. DE VERA AND ROSALINDA DE VERA PASCUA, BY HERSELF AND AS ATTORNEY-IN-FACT OF HER CO-PETITIONERS, PETITIONERS, VS. VIRGILIO A. MANZANERO, ROGER MANZANERO, ARIEL MANZANERO, AND ALL PERSONS CLAIMING RIGHTS UNDER THEM, RESPONDENTS.

G.R. No. 232437 | 2021-06-30

D E C I S I O N
 
LOPEZ, J., J.:
 
Even before partition, a co-owner may exercise remedies in order to protect his or her interest in the common property. This includes the filing of an action to recover the common property against third persons who are unlawfully withholding its possession.

The Court resolves the Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court assailing the Decision[2] dated March 16, 2017 and the Resolution[3] dated June 16, 2017 of the Court of Appeals (CA) in CA-G.R. CV No. 106781, which affirmed the Decision[4] of the Regional Trial Court (RTC) of Las Piñas...