FIRST DIVISION
[G.R. No. L-3823. November 23, 1907. ]
PEDRO P. ROXAS, ET AL., Plaintiffs-Appellees, v. MARIA DE LA PAZ MIJARES, Defendant-Appellant.
Hartigan, Rohde and Gutierrez, for Appellant.
Rosado, Sanz and Opisso, for Appellees.
SYLLABUS
1. CONTRACT. — It is a principle of law that whoever enters into a contract does so for himself and for his heirs, and that just as the latter succeed him in all his rights they also succeed him in all his obligations; it is thus acknowledged in numerous decisions and constitutes a legal rule.
2. REALTY; USURPATION; RIGHT TO POSSESSION. — The act of spoliation is a positive attempt against the rights of a private individual and against public order, and it should be instantly suppressed without the necessity of considering the title of the person dispossessed, this in order to avoid disturbances in the community and prevent anyone from taking the administration of justice in his own hands; therefore, the possessor in the capacity of owner as well as the mere tenant of the property the dominion over which pertains to another, are entitled to ask for restitution and to exercise the proper action against the aggressor, even though he be the proprietor.
3. ID.; PEACEFUL POSSESSION; OWNER’S RIGHT AND DUTY. — The lessee holds and enjoys the thing leased in the name of the owner or lessor who is obliged to maintain the lessee in the peaceful enjoyment thereof, and if the right of the owner to defend his property against any aggression in order to prevent serious injury to his interest is unquestionable, it would be a judicial absurdity to entrust with this obligation the tenant or lessee whose rights and obligations are of a different nature.
2. REALTY; USURPATION; RIGHT TO POSSESSION. — The act of spoliation is a positive attempt against the rights of a private individual and against public order, and it should be instantly suppressed without the necessity of considering the title of the person dispossessed, this in order to avoid disturbances in the community and prevent anyone from taking the administration of justice in his own hands; therefore, the possessor in the capacity of owner as well as the mere tenant of the property the dominion over which pertains to another, are entitled to ask for restitution and to exercise the proper action against the aggressor, even though he be the proprietor.
3. ID.; PEACEFUL POSSESSION; OWNER’S RIGHT AND DUTY. — The lessee holds and enjoys the thing leased in the name of the owner or lessor who is obliged to maintain the lessee in the peaceful enjoyment thereof, and if the right of the owner to defend his property against any aggression in order to prevent serious injury to his interest is unquestionable, it would be a judicial absurdity to entrust with this obligation the tenant or lessee whose rights and obligations are of a different nature.
D E C I S I O N
TORRES, J.:
A complaint was filed by Pedro P. Roxas and Carmen de Ayala de Roxas in the court of justice of the peace of Manila praying that judgment be entered in their favor for the recovery from the defendant, Maria de la Paz Mijares, of the possession of a parcel of land between the entrance or ground floor of houses Nos. 82 and 88 in Calle Dulumbayan, of 3 meters and 90 centimeters by 2 meters and 17 centimeters, measured from a distance of 1
