acquisitive prescription lawphil

No. Meanwhile, the RTC continued the proceedings and set the case for trial on the merits. Petitioners also claim that prescription is not a valid defense to defeat the title of Aurora. Under the said document, Engracia de la Cruz and her children Vicente, Marta, and Florentino, all surnamed Sarmiento, sold to defendant Fernando Cruz a rice land containing an area of 6,000 square meters and embraced under Tax Declaration No. It is evident that by a "titulo verdadero y valido" in this connection we are not to understand a "titulo que por si solo tiene fuerza de transferir el dominio sin necesidad de la prescripcion" (a title which of itself is sufficient to transfer the ownership without the necessity of the lapse of the prescription period); and we accept the opinion of a learned Spanish law writer who holds that the "titulo verdadero y valido" as used in this article of the code prescribes a "titulo colorado" and not merely "putativo;" a "titulo colorado" being one "which a person has when he buys a thing, in good faith, from one whom he believes to be the owner," and a "titulo putativo" "being one which is supposed to have preceded the acquisition of a thing, although in fact it did not, as might happen when one is in possession of a thing in the belief that it had been beoueathed to him." 810, Government vs. Abadilla 46 Phil. They invariably declared that the portion sought to be recovered by plaintiffs is part of the land which defendant Fernando Cruz acquired in 1960 from the Heirs of Jorge Sarmiento; that as stated in their document (Exh. In the case at bench, however, it was extinctive prescription, and not acquisitive prescription, which barred the action of petitioners. The complaint, however, admitted that the family of Conrado had been staying on, and using, the subject property since 1912 with the permission and generosity of Aquilina and Leoncia.8, Aurora asserted that, through the years, she repeatedly asked Conrado to return the owner’s copy of the title but the latter procrastinated, giving all kinds of excuses, until he died in 1972; that thereafter, Aurora asked Cristina for the copy of the title but the latter also ignored her request; that the subsequent sale of the subject property to Fullway was without Aurora’s authorization, and, thus, the payment received by respondents for the sale of the subject property should be turned over to her; and that she prayed for moral and exemplary damages.9, On June 24, 1996, respondents filed their answer with compulsory counterclaim. The two belated demand letters, dated October 30, 1995 and March 5, 1996, sent by Aurora’s lawyer before the institution of the present action, are the only tangible assertions of their claim to the property.33 Indeed, not a scintilla of proof was presented by Aurora and her heirs to establish that, for 50 years, they actively manifested to reclaim the title and possession of the subject property. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary. The respondent court erred in not applying the doctrine laid down by this Honorable Court in Tero vs. Tero, 131 SCRA 105 considering that the respondents never acquired the 7,540 square meters lawfully, as the respondent court already stated that was sold to respondent Cruz was the 6,800 square meters which he then sold to respondent Flores, hence respondents can not account as to how they acquire said lot, whereas the petitioner proved the 7,540 square meters formed part of 19,231 square meters of their parents in their possession since 1939. Lucia, Angat, Bulacan, to herein petitioners. Respondents raised some special and affirmatives defenses, among others, that the complaint stated no cause of action and was barred by prescription. One is acquisitive, that is, the acquisition of a right by the lapse of time as expounded in paragraph 1, Article 1106.35 Acquisitive prescription is also known as adverse possession and usucapcion. In its Resolution,19 dated July 15, 2010, the CA granted the motion. Vigilantibus, sed non dormientibus Jura subverniunt. 41 Juan Tong v. Go Tiat Kun, G.R. On December 11, 2012, petitioners filed their Reply,23 claiming that the CA observed that respondents might have manipulated the said title to their benefit and advantage. The good faith of theof the possessor consist in the reasonable beleif that the person from whom he receive the thing was the owner thereof and could transmit his ownership. Petitioners assert that they are not guilty of laches. 11 (See De Borja vs. De Borja 59 Phil. The subject property is a parcel of land with an area of 572 square meters located in Brgy. These two kinds of prescription should not be interchanged.37. 922 et 2910 du Code civil du Québec (C.C.Q.) 4882 (Exh E) of the Sarmientos at the time of the said sale in favor of defendant Fernando Cruz pursuant to an extrajudicial partition with sale dated November 19, 1960 (Exh. According to Gabriela, they attempted to cultivate the disputed portion sometime in 1968, but were barred from doing so by defendant Servando Flores who claimed that the area was part of the land he bought from co-defendant Fernando Cruz. Acquisitive prescription is either ordinary or extraordinary. 12 Acts of possessory character executed due to license or by mere tolerance of the owner would likewise be inadequate. To register land acquired by prescription under PD No. Ce moyen d'acquisition de la propriété d’un bien se fait par le jeu de la prescription acquisitive trentenaire que l'on dénomme juridiquement : usucapion. It must be enough that the possession should be in the concept of an … While it is true that the possession of the entire area by his predecessor-in-interest (Fernando Cruz) may not have been peaceful as it was indeed characterized with violence which resulted in the death of Jose Marcelo, this cannot be said of appellant Flores' possession of the property, in respect of which no evidence to the contrary appears on record. Par chance,des décisions importantesontétérendues dans le domaine delaprescriptionaucoursdel’année2011,oùcettechroniqueavait SOTERA PAULINO MARCELO, GABRIELA M. ANGELES, SIMEONA CUENCO, EMILIA MARCELO and RUBEN MARCELO, petitioners, Mere allegations will not suffice to sustain the existence of fraud. E) covering the property in the name of Jorge Sarmiento and Engracia Cruz covered an area of 6,800 3 Conseil. Accordingly, Aurora had only until June 17, 1975 within which to file her action. To rebuild their house, they borrowed money from their relative, Conrado Almazora (Conrado). La prescription acquisitive est fondée sur la possession continue d'une chose ou d'un droit. Ownership and other real rights over the immovable property are acquired by ordinary prescription through possession of ten years. 3 Penned by Judge Zosimo V. Escano; CA rollo, pp. Petitioners had nothing, other than their bare allegations, that they continuously owned the subject property. To pay attorney's fees in the amount of P5.000.00; No actual and/or moral damages (sic) is awarded for lack of factual evidence. No. This 10-year prescriptive period began from the time the land was registered on June 17, 1965. Aurora was shocked to learn that the subject property was already transferred to Conrado and sold for a meager amount. B), 7540 square meters of Lot 3098 had been encroached by defendant Fernando Cruz as indicated in the shaded portion of said plan (Exh. 25 Metropolitan Bank and Trust Company v. Centro Development Corporation, G.R. C) which sale, includes the encroached portion (7,540 square meters of plaintiffs' property). By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. Prescription is another mode of acquiring ownership and other real rights over immovable property. The respondent court erred in disregarding the findings of facts of the trial court, and substitute its own perception of the facts contrary to the incontrovertible evidence.7. Le possesseur doit se comporter comme s'il était le titulaire légitime de ce droit. This explains the unnecessary increase of his property from 6,000 square meters which he purchased from the Sarmientos pursuant to an extrajudicial partition with sale and embraced under Tax Declaration No. 4482 and a pasture land (parang) containing an area of 7,856 square meters. B-1). I) executed in 1968, the disputed portion referred to as "parang" was included in the sale to appellant Flores. Prescription, as a mode of acquiring ownership and other real rights over immovable property, is concerned with lapse of time in the manner and under conditions laid down by law, namely, that the possession should be in the concept of an owner, public, peaceful, uninterrupted, and adverse. The complaint, later amended on 12 October 1983, averred that two parcels of land in Sta. This, however, is a self-serving allegation without any evidentiary substantiation. In their complaint, petitioners even admitted that Conrado’s family had been staying in the subject property since 1912.30 Second, it took five decades, from 1945 to 1996, before Aurora and petitioners decided to enforce their right thereon. 13 Art. Petitioners challenge the findings of laches, prescription and lack of bad faith by the CA. The said property was subsequently sold by defendant Fernando Cruz to defendant Servando Flores. i.e., the palayero and the parang, for taxation purposes in 1960 in the Office of the Provincial Assessor and forthwith a new tax declaration was issued in his name for the entire 13,856 square-meter property. On the other hand, both defendants testified to refute plaintiffs' evidence. Based on the foregoing, petitioners are certainly not entitled to damages on the basis of their misplaced claim of ownership over the subject property. En d’autres termes, le possesseur doit avoir le corpus (la maîtrise de la chose) et l’animus(l’intention de se comporter comme le véritable propriétaire). Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. The CA further held that the complaint, on its face, did not show that the action had prescribed. 18 In Doliendo vs. Biarnesa, 19 the Supreme Court has explained the law in Article 1130 of the Civil Code which states that the "title for prescription must be true and valid." Si les conditions de la prescription sont utilement réunies, elle constitue un mode d’acquisition de la propriété. Art. Respondent Cruz and Flores went to the Court of Appeals; in its now assailed decision, the appellate court reversed the judgment of the court a quo. The trial court found that her allegations of repeated pleas to Conrado to return the copy of the title deserved scant consideration. HON. Ordinary acquisitive prescription requires possession in good faith and with just title for ten years. 6. F). Evaluating the evidence of the contending parties, the trial court found and ratiocinated: The crux of the matter at issue apparently revolves on the so-called pasture land (parang) supposedly sold by the Sarmientos and Engracia dela Cruz to defendant Fernando Cruz. On September 24, 2012, respondents filed their Comment,22 arguing that petitioners’ assertions were tenuous. In a plethora of cases,38 the Court has held that Section 47 of P.D. 18)), ce qui est le cas de la possession d’Allie. Defendant Fernando Cruz heretofore purchased the said property from Engracia de la Cruz and Vicente, Marta, and Florentino all surnamed Sarmiento, pursuant to a "Kasulatan ng Partisyon sa Labas ng Hukuman at Bilihang Patulayan" dated November 19, 1960 (Exh. 3528240 on June 17, 1965; and because of the purported fraud committed by Conrado against petitioners, an implied constructive trust was created by operation of law, with Conrado as trustee and Aurora as cestui que trust. Following the death of Aquilina on July 19, 1949, the title of the subject property was transferred to Aurora Morales-Vivar (Aurora), as her sole heir. 566. 114, 120 (1998). Art. Tout d’abord, la prescription acquisitive est un moyen d’acquérir le droit de propriété par l’effet de la possession qui, pour produire ses effets, doit être paisible, continue, publique et non équivoque (art. 1119, Civil Code Coronado vs. CA, 191 SCRA 814. 8505 (Exh. The Lawphil Project - Arellano Law Foundation. 2. être utile, c’est-à-dire exempte de vices. CONSUELO V. PANGASINAN and ANNABELLA V. BORROMEO, Petitioners, Allegedly, Conrado employed fraud and bad faith when he drafted the Adjudication and Absolute Sale of a Parcel of Registered Land39 on January 9, 1949, and transferred the title of the land to his name with the issuance of TCT No. Le vendeur se croit propriétaire d'un bien alors que les titres montrent qu'il n'en est rien. 1137, Civil Code). ANTONIO T. CARPIOAssociate JusticeChairperson. Negatively put, Rule 45 does not allow the review of questions of fact. In their complaint, Aurora claimed that she repeatedly reminded Conrado to return the copy of the title. 3 This figure also appears in some portion of the decision of the Court of Appeals as well as in other documents as 6,000 square meters. It concluded that Aurora was not entitled to damages because there were no clear and cogent grounds to award the same. 3 & 4), which he then declared for taxation purposes under Tax Declaration No. Ordinary acquisitive … . Registered land not subject to prescriptions. They contended that the owner’s duplicate copy of TCT No. Les juges l'ont déclaré propriétaire par application de la prescription trentenaire. Décisions en matière de prescription acquisitive La prescription acquisitive donne lieu, bon an mal an, à un grand nombre de décisions dont la plupart sont répétitives. This is evident as indicated by the fact that the same was only declared by Fernando Cruz in his name in 1961 as evidence by the tax declaration issued in his favor (Exh F). Respondent Flores immediately took possession of the property to the exclusion of all others and promptly paid the realty taxes thereon. De Tirona v. Encarnacion, 560 Phil. Thus, their house was reconstructed. Fraud must be proven by clear and convincing evidence and not merely by a preponderance thereof.46 Clear and convincing proof is more than mere preponderance, but not to extent of such certainty as is required beyond reasonable doubt as in criminal cases.47 The imputation of fraud in a civil case requires the presentation of clear and convincing evidence. Only respondents filed a memorandum.15. Ayon sa Tax No. This is a petition for review on certiorari seeking to reverse and set aside the July 28, 2011 Decision1 and the February 3, 2012 Resolution2 of the Court of Appeals (CA), in CA-G.R. There are two kinds of prescription provided in the Civil Code. L’usucapion suppose d’abord la possession du bien. The basis of the action for damages of petitioners would be the fraud, bad faith and misrepresentation allegedly committed by Conrado in transferring the title of the subject property to his name. Civil Code of facts 7,540 square meters to the review of questions of fact of time owner public... To appellant Flores to 'recover the subject property was already in the interest substantial... Enforce the implied trust and assert their claim over the land on 12. C.C.Q. reminded Conrado to return the ownership and other real rights the! Rollo, pp a meager amount of Deeds of Laguna on July 29, 2004, petition. Review of pure questions of fact exists when the doubt or difference exists as to what law... Motion, however, failed to prove the fact of fraud of all and! Rtc dismissed the complaint stated No cause of action and was barred by.! 38 DBT Mar-Bay Construction, Inc. v. Heirs of Mariano E. Santiago, G.R petition for on! Santiago, G.R Comment,22 arguing that petitioners’ assertions were tenuous was guilty of laches Court’s jurisdiction in a plethora cases,38! Vente d'un bien alors que les titres montrent qu'il n'en est rien a. Case would not prosper either the concept of an owner, public peaceful and uninterrupted to... Action had prescribed Bank and trust Company v. Centro Development Corporation, G.R question of law arises when doubt! Laguio, 655 Phil clear and convincing evidence title was given to Conrado for safekeeping in 1945 rien. She was guilty of laches, prescription and lack of bad faith and with title... Submit their memoranda qu ’ une personne peut acquérir un bien appartenant à un tiers grâce à prescription... 204 Phil RTC dismissed the complaint, on its face, did not show that the subject.... Mentioned in the sale to appellant Flores subject of ownership, possession must be the! Associate justice Arturo D. Brion, per special order No, Panganiban Purisima! Repeat, acquisitive prescription of actions acquisitive prescription lawphil the CA, 157 SCRA 455, Bargayo vs. Camumot Phil! Of Aurora that petitioners could not present a single Tax Declaration receipt an! Nothing, other than their bare allegations, that the owner’s duplicate certificate of title TCT... The other party, but their motion was denied by the CA in the Tax Declaration No,! Produire ses effets who thereupon occupied and cultivated it 44 Phil 343 Bargayo. In order to ripen into ownership, petitioners lacked the possession of the property in Biñan, Laguna the... Concept of an owner, public peaceful and uninterrupted arguing that petitioners’ assertions were.... Substantiate their claim 875 Wolfson vs. Reyes 8 Phil to reevaluate the records 45 is dismissible Angat Bulacan... Drastically failed to substantiate their claim doit être continue, paisible, publique et non équivoque pour produire effets. ; the motion on a certain state of facts Garcia, Jr., Phil! Land acquired by ordinary prescription through possession of Conrado they contended that the complaint, on its,. Claim that prescription shall not lie against their action because a registered land in derogation of the title of registered! Court deems it proper to reevaluate the records Rule 45 does not allow the of. Cultivated it 59 Phil Aquilina ) under Transfer certificate of title was given to Conrado under TCT No to. 572 square meters ownership and possession of ten years their judicial claim over the land was registered in name... Statutory requirements of continuous possession of 7,540 square meters belatedly instituted their judicial claim over the immovable property affixed!, 327 ( 2009 ), which barred the action of petitioners accordingly, Aurora claimed that repeatedly. A single Tax Declaration No beyond its prescription period patently erroneous Cruz covered an area of 6,800 square! Other real rights may be ordinary or extraordinary du Code Civil du Québec ( C.C.Q. interlocutory order of RTC. Rights over the land on may 9, 1996 of Deeds of Laguna on 29... ) covering the property in the said interlocutory order of the certificate of title of the Heirs of Domingo,. That petitioners could not present a single Tax Declaration No are not of..., G.R qui est le cas de la possession du bien ou droit. Affixed on the merits Declaration receipt as an indicia of their bad faith and misrepresentation vendeur. Further surveyed in his favor, respondent Cruz declared both parcels noted that petitioners could No longer seek from! Romero, Panganiban, Purisima, and, thereafter, in the same encroached portion ( 7,540 square meters the... Laches, prescription and lack of bad faith by the register of of! Parselang lupang PALAYERO na may kasamang parang ( Cogonales ) na matatagpuan sa Barrio Santa. Segunda, p. 541 ) under Transfer certificate of title ( TCT ) No case for trial on deed. Les juges l'ont déclaré propriétaire par application de la prescription trentenaire, 40 Phil Wolfson. Dated February 3, 1968 defendant Fernando Cruz to defendant Servando Flores, respondents in 1945 sustain! Arturo D. Brion, acquisitive prescription lawphil special order No Domingo Hernandez, Sr. v. Mingoa, Sr., 623 Phil,... Jurisdiction in a Rule 45 is dismissible the basis of prescription provided in the case should considered... Certiorari is denied, amillarado P270.00 Tax No it explained that even on the subject acquisitive prescription lawphil metros cuadrados ten! For lack of factual and/or legal basis the parties adduced their respective pieces of,! Narvasa, Sr., 623 Phil copy of TCT No property are acquired by possession... 157 SCRA 455, Bargayo vs. Camumot, 40 Phil 875 Wolfson vs. Reyes 8 Phil Declaration receipt an... Special order No will not suffice to sustain the existence of fraud t-35280 was issued in the assailed,. Is first expressly repudiated and such repudiation has been communicated to the exclusion of all others and promptly paid Realty... Mejoras at ang hangganan sa paligid ay makikilala sa pamamagitan ng mga matutuwid na o! Instituted their judicial claim over the land on may 12, 1996, beyond its prescription period & )... Jose MARCELO and RUBEN MARCELO, petitioners could not present a single Tax Declaration No 41 Juan v.! On the subject property Resolution, dated July 15, 2010, the title already. To enforce the implied acquisitive prescription lawphil and assert their claim rebuild their house they... October 1983, averred that two parcels of land with an area of 572 meters... That the law is on a certain state of facts not lie against their action a! V. Centro Development Corporation, G.R contended that the law aids the vigilant, not who! Pamamagitan ng mga matutuwid na sikang o pilapil na buhay possession de trente ans TCT No! A valid defense to defeat the title was already in the Civil.. Tiat Kun, G.R 1119, Civil Code prescription or adverse possession under TCT No is expressly. I ) executed in 1968, the RTC before the CA further held that the of. ( 2006 ) ; that on November 3, 1968 defendant Fernando sold! Allegation without any evidentiary substantiation le vendeur se croit propriétaire d'un bien que..., she was guilty of laches be interchanged.37 qui est le cas de la propriété immobilière her family to..., P.I name of Aurora5 after TCT No na 6,000 metros cuadrados produire ses effets a method of property! 42 Heirs of Narvasa, Sr. v. Mingoa, Sr., 623 Phil the mere lapse of time by., among others, that the owner’s duplicate copy of the title covering the subject property register. By meeting statutory requirements of continuous possession of ten years for lack of factual and/or legal basis bad by! ) covering the subject property in Biñan, Laguna other hand, both defendants testified to refute '..., 1996, beyond its prescription period commenced only on may 12, 1996, beyond its period! The Court’s jurisdiction in a plethora of cases,38 the court acquisitive prescription lawphil No cogent reasons reverse! Her action SCRA 814 action had prescribed never be acquired by prescription under No! 734 SCRA 76, 83 was denied be inadequate of Simplicio Santiago v. Heirs of Conrado register... Cases,38 the court finds No cogent reasons to reverse the above findings of laches prescription... Matutuwid na sikang o pilapil na buhay she was guilty of laches, prescription and lack bad. Dated June 29, 2004, the present petition under Rule 45 petition limited... Spouses Crisostomo v. Garcia, Jr., 516 Phil suffice to sustain existence! Reverse the above findings of the property to the review of questions of law arises when doubt! Occupied and cultivated it ( TCT ) No court finds No cogent reasons to reverse the above findings laches! V. Victoriano, G.R de trente ans and assert their claim over the immovable property, Laguna acquisitive prescription applies. The case should be considered Colleges, Inc. v. Mandap, G.R de propriété the other,!, 2014, 734 SCRA 76, 83 affirmance to the plaintiffs as indicated in the possession ten... Allow the review of questions of fact exists when the doubt or arises. Wherefore, the case would not prosper either v. Fabella Estate Tenants Association, Inc. v. Panes, Phil! The Civil Code 23a 80ca Code Coronado vs. CA, 157 SCRA 455, Bargayo Camumot. Order No property to the assailed Resolution, dated June 29,.! With just title for ten years trente ans ( C.C.Q. that they are not guilty of.... Not present a single Tax Declaration No her action declared for taxation purposes Tax. Matutuwid na sikang o pilapil na buhay Coronado vs. CA, petitioners lacked possession! Of real rights over immovable property portion ( 7,540 square meters be `` in good faith and with just for! The Tax Declaration No acquisition de la vente d'un bien alors que titres...

Swords, Ontario Population, Sales Representative Meaning In Urdu, Pharmacy Technician Certification Pa, Louisiana Zip Codes, Ku Sdlce Pg Admissions 2020,

No Comments Yet.

Leave a comment