Republic of the Philippines

SUPREME COURT
Manila
FIRST DIVISION

G.R. No. 76351 October 29, 1993
VIRGILIO B. GUILR, Petitioner, vs. COURT O! PPELS "#$ SENEN B. GUILR,
Respondents.
BELLOSILLO, J.:
This is a petition for review on certiorari seein! to reverse an" set asi"e the Decision of the
#ourt of $ppeals in #$%&R #V No. '()(( "eclarin! null an" voi" the or"ers of *( an" *+ $pril,
,)-), the .u"!/ent b0 "efault of *+ 1ul0 ,)-), an" the or"er of ** October ,)-) of the then
#ourt of First Instance of Ri2al, Pasa0 #it0, 3ranch (', an" "irectin! the trial court to set the
case for pre%trial conference.chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
Petitioner Vir!ilio an" respon"ent Senen are brothers4 Vir!ilio is the 0oun!est of seven 5-6
chil"ren of the late Ma7i/iano $!uilar, while Senen is the fifth. On *8 October ,)+), the two
brothers purchase" a house an" lot in Para9a:ue where their father coul" spen" an" en.o0 his
re/ainin! 0ears in a peaceful nei!hborhoo". Initiall0, the brothers a!ree" that Vir!ilio;s share in
the co%ownership was two%thir"s while that of Senen was one%thir". 30 virtue of a written
/e/oran"u/ "ate" *( Februar0 ,)-', Vir!ilio an" Senen a!ree" that henceforth their interests
in the house an" lot shoul" be e:ual, with Senen assu/in! the re/ainin! /ort!a!e obli!ation of
the ori!inal owners with the Social Securit0 S0ste/ 5SSS6 in e7chan!e for his possession an"
en.o0/ent of the house to!ether with their father.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
Since Vir!ilio was then "is:ualifie" fro/ obtainin! a loan fro/ SSS, the brothers a!ree" that the
"ee" of sale woul" be e7ecute" an" the title re!istere" in the /eanti/e in the na/e of Senen. It
was further a!ree" that Senen woul" tae care of their father an" his nee"s since Vir!ilio an" his
fa/il0 were sta0in! in #ebu.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
$fter Ma7i/iano $!uilar "ie" in ,)-<, petitioner "e/an"e" fro/ private respon"ent that the
latter vacate the house an" that the propert0 be sol" an" procee"s thereof "ivi"e" a/on!
the/.chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
3ecause of the refusal of respon"ent to !ive in to petitioner;s "e/an"s, the latter file" on ,*
1anuar0 ,)-) an action to co/pel the sale of the house an" lot so that the the0 coul" "ivi"e the
procee"s between the/.chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
In his co/plaint, petitioner pra0e" that the procee"s of the sale, be "ivi"e" on the basis of two%
thir"s 5*=(6 in his favor an" one%thir" 5,=(6 to respon"ent. Petitioner also pra0e" for /onthl0
rentals for the use of the house b0 respon"ent after their father "ie".chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
In his answer with counterclai/, respon"ent alle!e" that he ha" no ob.ection to the sale as lon!
as the best sellin! price coul" be obtaine"4 that if the sale woul" be effecte", the procee"s thereof
shoul" be "ivi"e" e:uall04 an", that bein! a co%owner, he was entitle" to the use an" en.o0/ent
of the propert0.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
>pon issues bein! .oine", the case was set for pre%trial on *+ $pril ,)-) with the law0ers of both
parties notifie" of the pre%trial, an" serve" with the pre%trial or"er, with private respon"ent
e7ecutin! a special power of attorne0 to his law0er to appear at the pre%trial an" enter into an0
a/icable settle/ent in his behalf.
1
chanrobles virtual lawlibrar0
On *' $pril ,)-), $tt0. Manuel S. Tono!banua, counsel for respon"ent, file" a /otion to cancel
pre%trial on the !roun" that he woul" be acco/pan0in! his wife to Du/a!uete #it0 where she
woul" be a principal sponsor in a we""in!.chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
On *( $pril ,)-), fin"in! the reasons of counsel to be without /erit, the trial court "enie" the
/otion an" "irecte" that the pre%trial shoul" continue as sche"ule".chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
?hen the case was calle" for pre%trial as sche"ule" on *+ $pril ,)-), plaintiff an" his counsel
appeare". Defen"ant "i" not appear4 neither his counsel in whose favor he e7ecute" a special
power of attorne0 to represent hi/ at the pre%trial. #onse:uentl0, the trial court, on /otion of
plaintiff, "eclare" "efen"ant as in "efault an" or"ere" reception of plaintiff;s evi"ence ex
parte.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
On - Ma0 ,)-), "efen"ant throu!h counsel file" an o/nibus /otion to reconsi"er the or"er of
"efault an" to "efer reception of evi"ence. The trial court "enie" the /otion an" plaintiff
presente" his evi"ence.chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
On *+ 1ul0 ,)-), ren"erin! .u"!/ent b0 "efault a!ainst "efen"ant, the trial court foun" hi/ an"
plaintiff to be co%owners of the house an" lot, in e:ual shares on the basis of their written
a!ree/ent. @owever, it rule" that plaintiff has been "eprive" of his participation in the propert0
b0 "efen"ant;s continue" en.o0/ent of the house an" lot, free of rent, "espite "e/an"s for rentals
an" continue" /aneuvers of "efen"ants, to "ela0 partition. The trial court also uphel" the ri!ht of
plaintiff as co%owner to "e/an" partition. Since plaintiff coul" not a!ree to the a/ount offere"
b0 "efen"ant for the for/er;s share, the trial court hel" that this propert0 shoul" be sol" to a thir"
person an" the procee"s "ivi"e" e:uall0 between the parties.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
The trial court liewise or"ere" "efen"ant to vacate the propert0 an" pa0 plaintiff P,,*''.'' as
rentals
2
fro/ 1anuar0 ,)-A up to the "ate of "ecision plus interest fro/ the ti/e the action was
file".chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
On ,- Septe/ber ,)-), "efen"ant file" an o/nibus /otion for new trial but on ** October ,)-)
the trial court "enie" the /otion.chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
Defen"ant sou!ht relief fro/ the #ourt of $ppeals pra0in! that the followin! or"ers an" "ecision
of the trial court be set asi"eB 5a6 the or"er of *( $pril ,)-' "en0in! "efen"ants /otion for
postpone/ent of the pre%trial set on *+ $pril ,)-)4 5b6 the or"er of *+ $pril ,)-) "eclarin! hi/
in "efault an" authori2in! plaintiff to present his evi"ence ex-parte4 5e6 the "efault .u"!/ent of
*+ 1ul0 ,)-)4 an", 5"6 the or"er "ate" ** October ,)-) "en0in! his o/nibus /otion for new
trial.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
On ,+ October ,)8+, the #ourt of $ppeals set asi"e the or"er of the trial court of *+ $pril ,)-)
as well as the assaile" .u"!/ent ren"ere" b0 "efault., The appellate court foun" the e7planation
of counsel for "efen"ant in his /otion to cancel pre%trial as satisfactor0 an" "evoi" of a /anifest
intention to "ela0 the "isposition of the case. It also rule" that the trial court shoul" have !rante"
the /otion for postpone/ent file" b0 counsel for "efen"ant who shoul" not have been "eclare"
as in "efault for the absence of his counsel.chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
Petitioner now co/es to us alle!in! that the #ourt of $ppeals erre" 5,6 in not hol"in! that the
/otion of "efen"ant throu!h counsel to cancel the pre%trial was "ilator0 in character an" 5*6 in
re/an"in! the case to the trial court for pre%trial an" trial.chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
The issues to be resolve" are whether the trial court correctl0 "eclare" respon"ent as in "efault
for his failure to appear at the pre%trial an" in allowin! petitioner to present his evi"ence ex-
parte, an" whether the trial court correctl0 ren"ere" the "efault .u"!/ent a!ainst
respon"ent.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
?e fin" /erit in the petition.chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
$s re!ar"s the first issue, the law is clear that the appearance of parties at the pre%trial is
/an"ator0.
3
$ part0 who fails to appear at a pre%trial conference /a0 be non%suite" or
consi"ere" as in "efault.
%
In the case at bar, where private respon"ent an" counsel faile" to
appear at the sche"ule" pre%trial, the trial, court has authorit0 to "eclare respon"ent in "efault.
5
chanrobles virtual lawlibrar0
$lthou!h respon"ent;s counsel file" a /otion to postpone pre%trial hearin!, the !rant or "enial
thereof is within the soun" "iscretion of the trial court, which shoul" tae into account two
factors in the !rant or "enial of /otions for postpone/ent, na/el0B 5a6 the reason for the
postpone/ent an" 5b6 the /erits of the case of /ovant.
6
chanrobles virtual law librar0
In the instant case, the trial court foun" the reason state" in the /otion of counsel for respon"ent
to cancel the pre%trial to be without /erit. #ounsel;s e7planation that he ha" to !o to b0 boat as
earl0 as *A March ,)-) to fetch his wife an" acco/pan0 her to a we""in! in Du/a!uete #it0 on
*- $pril ,)-) where she was one of the principal sponsors, cannot be accepte". ?e fin" it
insufficient to .ustif0 postpone/ent of the pre%trial, an" the #ourt of $ppeals "i" not act wisel0
in overrulin! the "enial. ?e sustain the trial court an" rule that it "i" not abuse its "iscretion in
"en0in! the postpone/ent for lac of /erit. #ertainl0, to warrant a postpone/ent of a /an"ator0
process as pre%trial woul" re:uire /uch /ore than /ere atten"ance in a social function. It is ti/e
in"ee" we e/phasi2e that there shoul" be /uch /ore than /ere perfunctor0 treat/ent of the
pre%trial proce"ure. Its observance /ust be taen seriousl0 if it is to attain its ob.ective, i.e., the
spee"0 an" ine7pensive "isposition of cases.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
Moreover, the trial court "enie" the /otion for postpone/ent three 5(6 "a0s before the sche"ule"
pre%trial. If in"ee", counsel for respon"ent coul" not atten" the pre%trial on the sche"ule" "ate,
respon"ent at least shoul" have personall0 appeare" in or"er not to be "eclare" as in "efault. 3ut,
since nobo"0 appeare" for hi/, the or"er of the trial court "eclarin! hi/ as in "efault an"
"irectin! the presentation of petitioner;s evi"ence ex parte was proper.
7
chanrobles virtual law librar0
?ith re!ar" to the /erits of the .u"!/ent of the trial court b0 "efault, which respon"ent
appellate court "i" not touch upon in resolvin! the appeal, the #ourt hol"s that on the basis of the
plea"in!s of the parties an" the evi"ence presente" ex parte, petitioner an" respon"ents are co%
owners of sub.ect house an" lot in e:ual shares4 either one of the/ /a0 "e/an" the sale of the
house an" lot at an0 ti/e an" the other cannot ob.ect to such "e/an"4 thereafter the procee"s of
the sale shall be "ivi"e" e:uall0 accor"in! to their respective interests.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
Private respon"ent an" his fa/il0 refuse to pa0 /onthl0 rentals to petitioner fro/ the ti/e their
father "ie" in ,)-A an" to vacate the house so that it can be sol" to thir" persons. Petitioner
alle!es that respon"ent;s continue" sta0 in the propert0 hin"ers its "isposal to the pre.u"ice of
petitioner. On the part of petitioner, he clai/s that he shoul" be pai" two%thir"s 5*=(6 of a
/onthl0 rental of P*,<''.'' or the su/ of P,,+''.''.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
In resolvin! the "ispute, the trial court or"ere" respon"ent to vacate the propert0 so that it coul"
be sol" to thir" persons an" the procee"s "ivi"e" between the/ e:uall0, an" for respon"ent to
pa0 petitioner one%half 5,=*6 of P*,<''.'' or the su/ of P,,*''.'' as /onthl0 rental,
confor/abl0 with their stipulate" sharin! reflecte" in their written a!ree/ent.chanroblesvirtuallawlibrar0 chanrobles virtual law
librar0
?e uphol" the trial court in rulin! in favor of petitioner, e7cept as to the effectivit0 of the
pa0/ent of /onthl0 rentals b0 respon"ent as co%owner which we here "eclare to co//ence onl0
after the trial court or"ere" respon"ent to vacate in accor"ance with its or"er of *+ 1ul0
,)-).chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
$rticle <)< of the #ivil #o"e provi"es that no co%owner shall be obli!e" to re/ain in the co%
ownership, an" that each co%owner /a0 "e/an" at an0 ti/e partition of the thin! owne" in
co//on insofar as his share is concerne". #orollar0 to this rule, $rt. <)8 of the #o"e states that
whenever the thin! is essentiall0, in"ivisible an" the co%owners cannot a!ree that it be, allotte" to
one of the/ who shall in"e/nif0 the others, it shall be sol" an" its procee"s accor"in!l0
"istribute". This is resorte" to 5,6 when the ri!ht to partition the propert0 is invoe" b0 an0 of
the co%owners but because of the nature of the propert0 it cannot be sub"ivi"e" or its sub"ivision
woul" pre.u"ice the interests of the co%owners, an" 5b6 the co%owners are not in a!ree/ent as to
who a/on! the/ shall be allotte" or assi!ne" the entire propert0 upon proper rei/burse/ent of
the co%owners. In one case,
&
this #ourt uphel" the or"er of the trial court "irectin! the hol"in! of
a public sale of the properties owne" in co//on pursuant to $rt. <)8 of the #ivil
#o"e.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
@owever, bein! a co%owner respon"ent has the ri!ht to use the house an" lot without pa0in! an0
co/pensation to petitioner, as he /a0 use the propert0 owne" in co//on lon! as it is in
accor"ance with the purpose for which it is inten"e" an" in a /anner not in.urious to the interest
of the other co%owners.
9
Cach co%owner of propert0 hel" pro indiviso e7ercises his ri!hts over
the whole propert0 an" /a0 use an" en.o0 the sa/e with no other li/itation than that he shall
not in.ure the interests of his co%owners, the reason bein! that until a "ivision is /a"e, the
respective share of each cannot be "eter/ine" an" ever0 co%owner e7ercises, to!ether with his
co%participants .oint ownership over the pro indiviso propert0, in a""ition to his use an"
en.o0/ent of the
sa/e.
1'
chanrobles virtual law librar0
Since petitioner has "eci"e" to enforce his ri!ht in court to en" the co%ownership of the house
an" lot an" respon"ent has not refute" the alle!ation that he has been preventin! the sale of the
propert0 b0 his continue" occupanc0 of the pre/ises, .ustice an" e:uit0 "e/an" that respon"ent
an" his fa/il0 vacate the propert0 so that the sale can be effecte" i//e"iatel0. In fairness to
petitioner, respon"ent shoul" pa0 a rental of P,,*''.'' per /onth, with le!al interest4 fro/ the
ti/e the trial court or"ere" hi/ to vacate, for the use an" en.o0/ent of the other half of the
propert0 appertainin! to petitioner.chanroblesvirtuallawlibrar0 chanrobles virtual law librar0
?hen petitioner file" an action to co/pel the sale of the propert0 an" the trial court !rante" the
petition an" or"ere" the e.ect/ent of respon"ent, the co%ownership was "ee/e" ter/inate" an"
the ri!ht to en.o0 the possession .ointl0 also cease". Thereafter, the continue" sta0 of respon"ent
an" his fa/il0 in the house pre.u"ice" the interest of petitioner as the propert0 shoul" have been
sol" an" the procee"s "ivi"e" e:uall0 between the/. To this e7tent an" fro/ then on, respon"ent
shoul" be hel" liable for /onthl0 rentals until he an" his fa/il0 vacate.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
?@CRCFORC, the petition is &R$NTCD. The assaile" Decision of the #ourt of $ppeals "ate"
,+ October ,)8+ is RCVCRSCD an" SCT $SIDC. The "ecision of the trial court in #ivil #ase
No. +).,*%P "ate" ,+ 1ul0 ,)-) is RCINST$TCD, with the /o"ification that respon"ent Senen
3. $!uilar is or"ere" to vacate the pre/ises in :uestion within ninet0 5)'6 "a0s fro/ receipt of
this an" to pa0 petitioner Vir!ilio 3. $!uilar a /onthl0 rental of P,,*''.'' with interest at the
le!al rate fro/ the ti/e he receive" the "ecision of the trial court "irectin! hi/ to vacate until he
effectivel0 leaves the pre/ises.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
The trial court is further "irecte" to tae i//e"iate steps to i/ple/ent this "ecision confor/abl0
with $rt. <)8 of the #ivil #o"e an" the Rules of #ourt. This "ecision is final an"
e7ecutor0.chanroblesvirtuallawlibrar0 chanrobles virtual lawlibrar0
SO ORDCRCD.
Cruz, Davide, Jr., Quiason, JJ., concur.
Endnotes:
, Pa!e )-, Rollo.chanrobles virtual lawlibrar0
* Presu/able per /onth althou!h the "ecision "oes not so specif0.chanrobles virtual law librar0
( 1un!co v. #ourt of $ppeals, &.R. No. -8'A,, 8 Nove/ber ,)8), ,-) S#R$ *,(.chanrobles virtual lawlibrar0
< Sec. *, Rule *', Rules of #ourt4 Insular Veneer v. Plan, &.R. D%<',AA, ,' Septe/ber ,)-+, -( S#R$ ,.chanrobles virtual lawlibrar0
A Pacwel" Steel #orp. v. $sia Steel #orp. No. D%*+(*A, ,A Nove/ber ,)8*, ,,8 S#R$ **).chanrobles virtual lawlibrar0
+ &u2/an v. Clbinias4 &.R. No. A-()A, ,- $pril ,)8), ,-* S#R$ *<'.chanrobles virtual law librar0
- Ravelo v. #ourt of $ppeals, No. D%<',,,, *- October ,)8(, ,*A S#R$ (++.chanrobles virtual law librar0
8 Re0es v. #oncepcion, &.R. No. A+AA', , October ,))', ,)' S#R$ ,-,.chanrobles virtual law librar0
) $rticle <8+, #ivil #o"e.chanrobles virtual lawlibrar0
,' Par"ell v. 3artolo/e, *( Phil. <A' 5,),*6.