SERING v. PLAZO- Action for Ejectment

Anyone of the co-owners of an immovable may bring an action in ejectment.

FACTS:

Sering won an ejectment suit against Spouses Plazo and Suan. On appeal with the CFI, respondents learned that Sering is not the sole owner of the property and they moved to implead the other co-owners because they think that they are indispensable parties to the case. Court granted and ordered Sering to amend complaint.
Due to the failure of the petitioner to amend the complaint, the case was dismissed.

ISSUE:

Whether the other co-owners are indispensable to the ejecment case

HELD:

No, according to Art 478 Anyone of the co-owners may bring an action in ejectment (whether the action is forcible entry or unlawful detainer). The matter to be determined is the prior physical possession of the plaintiff which was correctly alleged.