Introduction

In the Philippines, the death of a parent often raises complex questions about inheritance, particularly when it involves real property like the family home. One common scenario is when an heir continues to occupy the deceased parent's house, leading to disputes among siblings or other family members. Can the family evict such an heir? The answer hinges on the principles of succession under the Civil Code of the Philippines (Republic Act No. 386), rules on co-ownership, possession rights, and relevant remedies in property law. This article explores these aspects comprehensively, examining the legal framework, rights of heirs, grounds for eviction, procedural requirements, and potential defenses.

Succession in the Philippines is either testate (with a will) or intestate (without a will). Upon the decedent's death, the estate—including the house—vests immediately in the heirs, but actual division may require judicial or extrajudicial processes. Possession, meanwhile, refers to the holding of the property, which can be legal or factual, and is protected against arbitrary dispossession. Eviction, if pursued, must comply with due process and cannot be self-help measures like forcible removal.

Succession Rules Under Philippine Law

Types of Succession and Heirship

Philippine succession law prioritizes the transmission of property rights upon death. Article 777 of the Civil Code states that "the rights to the succession are transmitted from the moment of the death of the decedent." This means heirs acquire ownership instantly, subject to the payment of debts and taxes.

Testate Succession: If the deceased left a valid will, the house may be devised to specific heirs (devisees) or legatees. Compulsory heirs (e.g., legitimate children and descendants, surviving spouse) are entitled to their legitime—a reserved portion that cannot be freely disposed of (Articles 886-914). If the will violates the legitime, it may be contested, potentially leading to redistribution.
Intestate Succession: Without a will, the estate is distributed according to Articles 978-1014. For a deceased parent with children, the children (legitimate or illegitimate, with varying shares) inherit equally, along with the surviving spouse if applicable. Illegitimate children receive half the share of legitimate ones (Article 990). Ascendants or collaterals inherit only if there are no descendants.

In both cases, until partition, the heirs become co-owners of the undivided estate (Article 1078). The house, as part of the estate, is held in co-ownership, where each heir has an ideal share but no specific portion.

Administration of the Estate

The estate may require administration to settle debts, taxes, and distribute assets. A court-appointed administrator (or executor in testate cases) manages the property (Rule 78-90, Rules of Court). If an heir occupies the house, the administrator can seek court approval to manage or lease it for the estate's benefit. However, heirs can agree on extrajudicial settlement via a notarized deed (Article 1056), provided there are no debts or all heirs are of age and agree.

Possession Rights of Heirs

Legal vs. Actual Possession

Possession is a key concept in determining eviction rights. Under Article 525 of the Civil Code, possession is the holding of a thing with the intention of ownership. An heir in the house may claim:

Possession in the Concept of Owner: If the heir lived with the parent before death or continued occupancy post-death, they are a possessor in good faith (Article 526). Good faith possessors are entitled to fruits and reimbursement for improvements (Articles 544-546).
Co-Ownership Possession: As co-owners, each heir has the right to use the property without preventing others' use (Article 486). One heir cannot exclude others unless there's an agreement or court order. If one heir occupies the entire house, others may demand access or compensation for their share's use (like rent).

The Supreme Court has ruled in cases like Heirs of Olivas v. Olivas (G.R. No. 172776, 2010) that co-heirs cannot evict each other without partition, as it would prejudice co-ownership rights.

Builder, Planter, Sower in Good Faith

If the occupying heir made improvements, they may have rights under Articles 448-452. A good faith builder on co-owned land can demand reimbursement or retention until paid, complicating eviction.

Grounds for Eviction of an Heir

Eviction is not straightforward among heirs due to co-ownership. Family members (other heirs) cannot simply "evict" an occupying heir like a tenant. Instead, they must pursue legal remedies:

1. Action for Partition

The primary remedy is partition under Article 494: any co-owner may demand division at any time, unless barred by agreement (up to 10 years) or if it renders the property unserviceable.

Judicial Partition: Filed in Regional Trial Court (Rule 69, Rules of Court). The court may order physical division, assignment to one heir with compensation, or sale and proceeds distribution.
Extrajudicial Partition: By unanimous agreement, but if the occupying heir refuses, judicial action is needed.

During partition, the court may issue orders on possession, such as allowing temporary occupancy or requiring rent payment to the estate.

In De Vera v. De Vera (G.R. No. 172832, 2007), the Court emphasized that no co-heir can claim exclusive possession without partition.

2. Ejectment Suits

Ejectment may apply in limited cases:

Unlawful Detainer (Accion Interdictal): If the occupying heir's possession was initially tolerated but later demanded to vacate (e.g., by majority co-heirs or administrator), and they refuse (Article 428; Rule 70). However, this is rare among co-heirs, as possession is not based on lease but ownership.
Forcible Entry: If entry was unlawful (e.g., heir forcibly enters post-death), but not applicable if occupancy predates death.

Ejectment is summary, filed in Municipal Trial Court, and focuses on possession de facto, not ownership.

3. Action for Recovery of Possession (Accion Publiciana or Reivindicatoria)

Accion Publiciana: For better right of possession, filed within 10 years if based on acquisitive prescription.
Accion Reivindicatoria: To recover ownership, proving superior title.

These are plenary actions in RTC, used if co-ownership disputes involve fraud or exclusion.

4. Other Grounds

If the House is Conjugal or Community Property: The surviving spouse has rights under Article 105 (Family Code), including occupancy if it's the family home. But children as heirs co-own.
Debts and Taxes: If the estate has unpaid obligations, the administrator may seek to sell the house, leading to eviction post-sale.
Abandonment or Waste: If the occupying heir neglects the property (Article 1011), others can seek removal via court.

Self-help eviction (e.g., changing locks) is illegal and may lead to criminal charges for grave coercion (Article 286, Revised Penal Code) or civil damages.

Procedural Requirements and Defenses

Filing a Case

Venue and Jurisdiction: Ejectment in MTC where property is located; partition or recovery in RTC.
Requisites: Demand to vacate (for unlawful detainer), conciliation attempt (Barangay level for family disputes, per Katarungang Pambarangay Law).
Evidence: Death certificate, birth certificates proving heirship, title documents.

Defenses by the Occupying Heir

Co-Ownership: Argue no exclusive right until partition.
Prescription/ Laches: If long-term occupancy, acquisitive prescription (10 years good faith, 30 years bad faith) may apply (Article 1134-1137), allowing adverse possession against co-heirs if repudiated (e.g., via extrajudicial notice).
Good Faith Improvements: Demand compensation before vacating.
Family Home Exemption: Under Article 153 of the Family Code, the family home (up to P300,000 value in urban areas) is exempt from execution, but not from partition among heirs.

Special Considerations

Illegitimate Heirs and Acknowledgment

Illegitimate children must be acknowledged (Article 172, Family Code) to inherit. If disputed, a filiation action may precede succession claims.

Adopted Heirs

Adoptees have full heir rights (Republic Act No. 8552).

Foreign Elements

If the deceased was a foreigner, Article 16 applies national law to succession, but Philippine law governs real property.

Tax Implications

Estate tax (BIR) must be paid before title transfer; occupancy doesn't exempt.

Case Law Insights

Heirs of Reyes v. Reyes (G.R. No. 150913, 2003): Co-heirs cannot evict without proving superior right.
Barrientos v. Rapal (G.R. No. 169594, 2011): Occupation by one heir doesn't prejudice others' shares.

Conclusion

In summary, family members cannot arbitrarily evict an heir from a deceased parent's house due to immediate vesting of rights and co-ownership principles. Eviction requires legal action like partition or ejectment, grounded in succession and possession rules. Heirs should seek amicable settlement to avoid costly litigation. Consulting a lawyer is advisable, as outcomes depend on specific facts, such as the presence of a will, debts, or improvements. Understanding these rules promotes fair distribution and preserves family harmony in the face of loss.