G.R. No. L-14242; September 20, 1920
JULIAN REYES, ET AL., plaintiffs-appellants, vs. FRANCISCA CORDERO, MARIA CORDERO, and AMANDO GATMAITAN, defendants-appellees.

FACTS:
The plaintiffs, Julian Reyes et al., filed a complaint for partition in the Court of First Instance of Bulacan. They alleged that they and defendants Francisca Cordero and Maria Cordero were descendants and co-heirs of the deceased Leon Alfaro, the owner of a parcel of land. They claimed the land remained undivided among the heirs. The plaintiffs also impleaded defendant Amando Gatmaitan, alleging he was in possession of the land and claimed an interest adverse to the plaintiffs. Gatmaitan filed a demurrer to the complaint on the grounds of misjoinder of parties and failure to state a cause of action against him. The lower court sustained the demurrer. Upon the plaintiffs’ failure to amend their complaint, the court dismissed the case as to Gatmaitan. The plaintiffs appealed.

ISSUE:
Whether a person in possession of property, claiming an interest adverse to the co-owners, may properly be joined as a defendant in an action for partition of real property.

RULING:
No. The Supreme Court affirmed the order of the lower court. An action for partition is a suit among co-owners or co-parceners to divide property held in common. It presupposes that the parties are all co-owners of the undivided property. The right to demand partition belongs solely to a co-owner, and the action can only be maintained against other co-owners. A person like Gatmaitan, who is not alleged to be a co-owner but is in possession under a claim of interest adverse to the co-owners, is not a proper party to a partition proceeding. His joinder would improperly convert the partition action into an action for ejectment or to try title. The proper remedy against such a person is a separate action for recovery of possession. The demurrer was correctly sustained, and the dismissal of the case as to Gatmaitan was proper.