G.R. No. 183546 Case Digest

G.R. No. 183546, September 18, 2009

Wilson Go

vs Harry GO

Ponente: Ynares-Santiago

Facts:

Wilson instituted an action for partition with accounting against Harry Go in RTC Valenzuela City. Wilson alleged that they are among the five children of Spouse Sio Tong Go and they are the registered owner of a parcel of land in Valenzuela City. On the said land, there are 7 warehouses being rented by various businesses without proper authority from Wilson. He also alleges that Harry collected the rental payments for the warehouse without giving Wilson his share to the rental.

Harry countered that there was no co-ownership because he acquired the ownership of the land through extra-judicial settlement between their father and certain Wendell Simsim. That before a partition may be decided, it must be ascertain first whether there is co-ownership.

RTC: ruled in favor of Wilson and ordered Harry to deposit in court the receipt of all the amounts collected by him from the leases. Harry moved for reconsideration but was denied by the RTC. Harry filed then a petition for certiorari with CA.

CA: ruled in favor of Harry.

It was premature for the respondent court to act favorable on private respondent's motion to deposit in court all rentals collected from the date of death of the said decedent, which according to petitioner is the true owner of the property under co-ownership.

Held:

The Court emphasizes that these are preliminary findings for the sole purpose of resolving the propriety of the subject order requiring the deposit of the monthly rentals with the trial court.  The precise extent of the interest of the parties in the subject land will have to await the final determination by the trial court of the main action for partition after a trial on the merits.

WHEREFORE, the petition is PARTIALLY GRANTED.  The April 21, 2008 Decision and July 4, 2008 Resolution of the Court of Appeals in CA-G.R. SP No. 100100 are REVERSED and SET ASIDE.  The May 4 and July 4, 2007 Orders of the Regional Trial Court of Valenzuela City, Branch 172 in Civil Case No. 179-V-06 are SET ASIDE and a new Order is entered directing private respondent to deposit 1/12 of the monthly rentals collected by him from the buildings on TCT No. V-44555 with the trial court from the finality of this Decision and every month thereafter until it is finally adjudged who is lawfully entitled thereto.