This case has been cited 2 times or more.
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2014-08-20 |
PERLAS-BERNABE, J. |
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| In fact, Article 487 of the Civil Code explicitly provides that any of the co-owners may bring an action for ejectment, without the necessity of joining all the other co-owners as co-plaintiffs because the suit is deemed to be instituted for the benefit of all.[38] To reiterate, both Lourdes and Cecilia are co-plaintiffs in the ejectment suit. Thus, they share a commonality of interest and cause of action as against respondents. Notably, even the petition for review filed before the CA indicated that they are the petitioners therein and that the same was filed on their behalf. Hence, the lone signature of Lourdes on the verification attached to the CA petition constituted substantial compliance with the rules.[39] As held in the case of Medado v. Heirs of the Late Antonio Consing:[40] | |||||
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2008-08-20 |
CHICO-NAZARIO, J. |
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| Even then, the Court views the SPAs as mere surplusage, such that the lack thereof does not in any way affect the validity of the action for ejectment instituted by respondent George de Castro. This also disposes of petitioner's contention that respondent George de Castro lacked the authority to sign the Verification and the Certificate of Non-Forum Shopping. As the Court ruled in Mendoza v. Coronel[23]:We likewise hold that the execution of the certification against forum shopping by the attorney-in-fact in the case at bar is not a violation of the requirement that the parties must personally sign the same. The attorney-in-fact, who has authority to file, and who actually filed the complaint as the representative of the plaintiff co-owner, pursuant to a Special Power of Attorney, is a party to the ejectment suit. In fact, Section 1, Rule 70 of the Rules of Court includes the representative of the owner in an ejectment suit as one of the parties authorized to institute the proceedings.(Emphasis supplied.) | |||||