016 Kilario V CA
016 Kilario V CA
016 Kilario V CA
FACTS
Miguel Respondent Silverio Pada filed an ejectment case against Spouses Kilario.
The latter occupies a portion of the intestate estate of Jacinto Pada, Grandfather of Silverio. The Kilario’s have
been living therein since 1960 by sheer tolerance.
When Jacinto Pada died, his heirs entered into extrajudicial partition of his estate in 1951. However, they
never registered in the Office of the Registrar of Deeds of Leyte.
As a result thereof, lot 5581 was allocated to Ananias and Marciano who became co-owners of said lot.
Ananias died and his daughter succeeded in his right as co-owner. Eventually, Juanita sold her right in the co-
ownership to Engr. Paderes. Mariaon the other hand, heir of Marciano, sold her share to her cousin
respondent Silverio Pada.
The latter (Silverio) demanded Sps. Kilario to vacate the property so his family can utilize that area.
Sps. Kilario refused. They went through a series of meetings with the barangay, but all earnest efforts failed.
On June 1995, a complaint for ejectment was filed against Sps. Kilario.
On July 1995, a deed of donation in their favor was executed by heirs of Amador Pada.
RATIO
SO ORDERED.