Precy Bunyi vs Fe Factor

G.R. No. 172547 – 591 SCRA 350 – 609 Phil. 134 – Remedial Law – Summary proceedings – Rule 70 – Ejectment; Forcible Entry – Possession – better Right

Civil Law – Succession – When does successional right start

Fe Factor was an heiress of a huge real estate in Las Piñas City. She does not live there but she would time and again visit the huge real estate to collect rental payments from the tenants.

Precy Bunyi was a tenant in the huge real estate but later on she married one of the co-owners of the huge real estate.

When Precy’s husband died, they excluded Fe from the entire property as they questioned her ownership. Fe then filed a forcible entry case against Precy.

ISSUE: Who has the better right, Precy or Fe?

HELD: Fe has the better right. Fe was able to establish that she is indeed a co-owner. Even though she does not live there, she is still considered in possession of the property because she is an owner. She has constructive possession and the law does not require that she occupies every inch of the property. Further, records show that Fe’s ancestors have been in possession of the property for a long time. The right of Fe’s predecessors over the subject property is more than sufficient to uphold her right to possession over the same. Fe’s right to the property was vested in her along with her siblings from the moment of her father’s death. As heiress, Fe had the right to the possession of the property, which is one of the attributes of ownership. Such rights are enforced and protected from encroachments made or attempted before the judicial declaration since she acquired hereditary rights even before judicial declaration in testate or intestate proceedings. Hence, she should not be excluded from the property.

On the other hand, Precy was a former tenant. She only became an owner when she married one of the co-owners. Precy, however, was not able to prove that she had control over the entire property. Her deceased husband only has control over certain portions of the property. Her deceased husband was living outside of the property and it appears that her husband was only deemed as a guest of Fe whenever he stays there.

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