JANUARY 20, 2006


Arnelito was an illegitimate child of respondents’ brother. He filed a case for unlawful detainer against respondents for he is allegedly the sole heir of the house and lot. The respondents on the other hand contended that subject property was the ancestral home co-owned by them with the petitioner’s father.


Any of the co-owners may bring an action for ejectment for the benefit of all the co-owners. Nonetheless, the action should be dismissed if the suit is for the plaintiff alone who claims to be the sole owner and entitled to the possession of the property.