Petitioners, however, failed to assail the validity of such deed. 26 Salandanan v. CA, 353 Phil. To determine the applicable period of extinctive prescription, the nature and circumstances of the case should be considered. F). 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. * Designated Acting Member in lieu of Associate Justice Arturo D. Brion, per Special Order No. 922 et 2910 du Code civil du Québec (C.C.Q.) The other kind is extinctive prescription whereby rights and actions are lost by the lapse of time as defined in paragraph 2, Article 1106 and Article 1139.36 Another name for extinctive prescription is litigation of action. En droit français, l'usucapion est fondée non seulement sur l'inaction prolongée du véritable propriétaire, mais encore et surtout sur la possession de celui qui va prescrire, c'est-à-dire acquérir la possession par l'effet de la prescription. Ainsi, la possession doit être continue, paisible, publique et non équivoque. 1129. 1119. Art. 1106. 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). Prescription is another mode of acquiring ownership and other real rights over immovable property. Isang parselang lupang PALAYERO na may kasamang PARANG (Cogonales) na matatagpuan sa Barrio ng Santa Lucia, Angat, Bulacan, P.I. There are two kinds of prescription provided in the Civil Code. Under extraordinary acquisitive prescription, a person’s uninterrupted adverse possession of patrimonial … La prescription acquisitive trentenaire peut être invoquée pour d'autres droits que celui de la propriété immobilière. It 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. La prescription acquisitive est un moyen d'acquérir un bien ou un droit par l'effet de la possession sans que celui qui l'allègue soit obligé d'en rapporter un titre ou qu'on puisse lui opposer l'exception déduite de la mauvaise foi. A question of fact exists when the doubt or difference arises as to the truth or falsity of the alleged facts.24. Prescription acquisitive : définition. This 10-year prescriptive period began from the time the land was registered on June 17, 1965. For many years, Aurora slept on her right over the questioned property and failed to exhaust all means, legal or administrative, to retrieve what was rightfully hers at the earliest possible time. 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. Aurora was shocked to learn that the subject property was already transferred to Conrado and sold for a meager amount. 1529 covers acquisitive prescription. Ordinary acquisitive prescription requires possession in good faith and with just title for ten years. 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. 187451, August 29, 2012, 679 SCRA 412, 421. 20. No. Petitioners seek the reinstatement of the RTC decision which has ordered respondents Fernando Cruz and Servando Flores to return the ownership and possession of a portion of unregistered and untitled land located in Sta. Plaintiffs caused the relocation survey of said property and per plan of Lot 3096 and Lot 3098 of the Angat Cadastre as surveyed for the heirs of Jose Marcelo (Exh. The CA further held that the complaint, on its face, did not show that the action had prescribed. The appellate court added that even on the aspect of prescription of actions, the case would not prosper either. 4. 1 Penned by Associate Justice Samuel H. Gaerlan with Associate Justice Rosmari D. Carandang and Associate Justice Ramon R. Garcia, concurring; rollo, pp. Even on the subject of ownership, petitioners failed to substantiate their claim. As regards. 743, 753 (2006). This, they failed to do.49. On June 4, 2009, the children of Aurora, namely, Consuelo V. Pangasinan, Lucio M. Vivar and Annabella V. Borromeo (petitioners), filed a motion for substitution of party18 after her death on March 26, 2008. Jur. 25 Metropolitan Bank and Trust Company v. Centro Development Corporation, G.R. 2. être utile, c’est-à-dire exempte de vices. These two kinds of prescription should not be interchanged.37. It must be enough that the possession should be in the concept of an … Ayon sa Tax No. In order to ripen into ownership, possession must be in the concept of an owner, public, peaceful and uninterrupted. 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. F); that on November 3, 1968 defendant Fernando Cruz sold the whole lot to defendant Servando Flores (Exh. Ordinary acquisitive prescription … 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. For 50 years, Aurora and her heirs did not take any legal step to uphold their claim over the subject property, despite being fully aware that Conrado and his family were occupying the same for a very long time. It is also known as adverse possession. 63 Heirs of Simplicio Santiago v. Heirs of Mariano E. Santiago, G.R. Petitioners argue that prescription shall not lie against their action because a registered land under Section 47 of P.D. In their complaint, Aurora claimed that she repeatedly reminded Conrado to return the copy of the title. 280 (2006); and Spouses Ragudo v. Fabella Estate Tenants Association, Inc., 503 Phil. . Maria Sarmiento and Florentino Sarmiento, pertained not only to the "palayero" but also to the "parang" as well; this agreement provided thus: 1. 5. 27 Heirs of Domingo Hernandez, Sr. v. Mingoa, Sr., 623 Phil. Petitioners moved for reconsideration, but their motion was denied by the CA in the assailed Resolution, dated February 3, 2012. On this ground alone, the present petition under Rule 45 is dismissible. b. E) covering the property in the name of Jorge Sarmiento and Engracia Cruz covered an area of 6,800 3 No. 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. 13 Art. The counterclaims is hereby dismissed for lack of factual and/or legal basis. 42 Heirs of Narvasa, Sr. v. Victoriano, G.R. D). Sa possession doit être paisible, continue, publique et non équivoque pour produire ses effets. L’usucapion suppose d’abord la possession du bien. No. 200, 211 (2010). For the purpose of prescription, there just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right. 808, 819 (1992). 47 Manalo v. Roldan-Confesor, 215 Phil. 366, 389 (2011). Par chance,des décisions importantesontétérendues dans le domaine delaprescriptionaucoursdel’année2011,oùcettechroniqueavait 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. No. 3 & 4), which he then declared for taxation purposes under Tax Declaration No. square meters. In extraordinary prescription, ownership and other real rights over immovable property are acquired through uninterrupted adverse possession thereof for thirty years without need of title or of good faith. 12 Acts of possessory character executed due to license or by mere tolerance of the owner would likewise be inadequate. Ownership and other real rights over the immovable property are acquired by ordinary prescription through possession of ten years. 35282, and, thereafter, in the names of the heirs of Conrado under TCT No. Walang mejoras at ang hangganan sa paligid ay makikilala sa pamamagitan ng mga matutuwid na sikang o pilapil na buhay. 114, 120 (1998). vs. Lucia, declared for taxation purposes under Tax Declarations No. Na akong si Engracia de la Cruz at ang aking yumao ng asawang si Jorge Sarmiento (nuong nabubuhay ito) ay nakapagpundar ng isang lupa na ang buong description ay gaya ang sumusunod. Comme pour les meubles, cette possession doit : 1. être constituée dans ses 2 éléments. 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." It explained that the prescriptive period to recover property obtained through fraud or mistake giving rise to an implied trust under Article 1456 of the Civil Code was 10 years, pursuant to Article 1144. On the issue of prescription, the CA ruled in favor of respondents and explained that their possession over Lot No. 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. T-35280 was issued in the name of Aurora5 after TCT No. 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. As soon as the said property was sold to Fernando Cruz, the adjoining property described and classified as "parang" with an area of 7,856 square meters was declared by said Fernando Cruz in his name which circumstance, increased his landholding to 13,856 square meters (Exh. La prescription acquisitive est fondée sur la possession continue d'une chose ou d'un droit. 1137, Civil Code). Ainsi un simple détenteur du bien ou du droit qui le possède pour compte d’autrui ne peut jamais prescrire. T-18729 was only given to Conrado for safekeeping. 1529 cannot be acquired through prescription.34 The argument is patently erroneous. 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. 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. 364). 3 Penned by Judge Zosimo V. Escano; CA rollo, pp. 2), the land sold to defendant Fernando Cruz contained 6,000 square meters of "palayero" or riceland and 7,856 square meters of "parang" or pasture land, that defendant Fernando Cruz caused the entire parcel to be surveyed sometime in 1967 (Exhs. 021519-92-3194. 35 Art. . To repeat, acquisitive prescription only applies to private lands as expressly provided in Article 1113 of the Civil Code. Par exception, il existe un délai abrégé de dix ans, lorsque le possesseur est de bonne foi, et qu’il dispose d’un juste titre. 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. Petitioners, thus, had until June 17, 1975 to enforce the implied trust and assert their claim over the land. Petitioners, however, drastically failed to prove the fact of fraud with clear and convincing evidence. Shortly after the execution of the deed of sale in his favor, respondent Cruz declared both parcels. Thus, their house was reconstructed. Sometime in 1994, Aurora learned from Cristina Almazora (Cristina), the widowed spouse of Conrado, that the title of the subject property had long been transferred in the name of Conrado and that the subject property had been sold to Fullway Development Corporation (Fullway) by the heirs of Conrado in consideration of P4,000,000.00.6. In its Decision,14 dated February 24, 1999, the CA denied the same and held that the complaint stated a cause of action, which was an action for damages arising from fraud committed by Conrado, as trustee, against Aurora, as cestui que trust. 10 Thus, mere possession with a juridical title, such as, to exemplify, by a usufructuary, a trustee, a lessee, an agent or a pledgee, not being in the concept of an owner, cannot be ripen into ownership by acquisitive prescription. 3341 already ripened into ownership through acquisitive prescription.46 The CA noted that Spouses Tappa acknowledged in their complaint that they have not been in possession of the lot, and that respondents have been continuously occupying portions of it since 1963. CV 84529, which affirmed the June 29, 2004 Decision3 of the Regional Trial Court, Branch 259, Parañaque City (RTC) in Civil Case No. 96-0206, a case for damages. Acquisitive prescription is a mode of acquiring ownership by a possessor through the requisite lapse of time. Respondents raised some special and affirmatives defenses, among others, that the complaint stated no cause of action and was barred by prescription. The dispositive portion of the decision states: WHEREFORE, premises considered, the instant petition is DENIED and the Decision dated June 29, 2004 of the Regional Trial Court of Parañaque City, Branch 259 in Civil Case No. C’est-à-dire qu’une personne peut acquérir un bien appartenant à un tiers grâce à la prescription. 1118. B), 7540 square meters of Lot 3098 had been encroached by defendant Fernando Cruz as indicated in the shaded portion of said plan (Exh. In a plethora of cases,38 the Court has held that Section 47 of P.D. Aurora slept on her rights for more than 50 years, impervious in asserting her ownership of the subject property, thereby losing the same by laches. En effet, alors que le droit de propriété a été érigé en droit absolu, le législateur et les juges ont permis qu’il y soit porté atteinte en permettant à des possesseurs d’acquérir des biens immobiliers appartenant à autrui par l’effet de la prescription. The complaint, later amended on 12 October 1983, averred that two parcels of land in Sta. The plan of Lot 3096 and Lot 3098 of the Angat Cadastre (Exhs B and B-1) inevitably indicated that what has been encroached by defendants refers to the "parang" of 7,540 square meters which defendant Fernando Cruz declared the same in his name in 1961. 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. Acquisitive prescription of real rights may be ordinary or extraordinary. The July 28, 2011 Decision and the February 3, 2012 Resolution of the Court of Appeals in CA-G.R. Petitioners challenge the findings of laches, prescription and lack of bad faith by the CA. 1118, Civil Code See also Arts 537 and 540, Civil Code. 4482 (Exh. Art. In fine, the Adjudication and Absolute Sale of a Parcel of Registered Land, being a notarized document, enjoys the presumption of regularity. It is worthy to note that the ownership of the adjoining property by defendant Fernando Cruz originated from an extrajudicial partition with sale (Kasulatan ng Partisyon sa Labas ng Hukuman at Bilihang Patuluyan dated November 19, 1960 . It held that it took Aurora more than 50 years to act on Conrado’s withholding of the title covering the subject property. 8505 (Exh. 1529 states that no title to registered land in derogation of the title of the registered owner shall be acquired by prescription or adverse possession. No. I) executed in 1968, the disputed portion referred to as "parang" was included in the sale to appellant Flores. . Respondents filed a petition for certiorari 13 to assail the said interlocutory order of the RTC before the CA. The subject property is a parcel of land with an area of 572 square meters located in Brgy. A person, endowed with properties and entitlements, but chose to lie quietly as decades passed by, watching his property wither away, allowing innocent bystanders to pick the fruits of his unguarded trees, instead of safeguarding his rights through the accessibly and necessary legal means, does not deserve the protection of equity. Accordingly, Aurora had only until June 17, 1975 within which to file her action. Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purposes of possession. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary. The RTC determined that Conrado was able to transfer the title of the subject property in his name on June 17, 1965 by virtue of a document denominated as "Adjudication and Absolute Sale of a Parcel of Registered Land,"16 dated January 9, 1949, signed by Aurora and her husband. T-114352. On the other hand, the said "parang" is a part and parcel of plaintiffs' property to which they had been in possession thereof prior to World War II and evidenced by Tax Declaration No. The decretal portion of the decision reads: WHEREFORE, premises considered, plaintiffs having failed to prove its case for damages, the same is hereby ordered DISMISSED for lack of merit. 196182, September 1, 2014, 734 SCRA 76, 83. 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. Si les conditions de la prescription sont utilement réunies, elle constitue un mode d’acquisition de la propriété. (b) There are two kinds of prescription by which patrimonial property may be acquired, one ordinary and [the] other extraordinary. 1. Art. x x x x x … 43 Spouses Crisostomo v. Garcia, Jr., 516 Phil. THE COURT OF APPEALS GRAVELY ERRED IN AFFIRMING THE DECISION OF THE LOWER COURT DISMISSING THE COMPLAINT FOR DAMAGES FILED BY AURORA MORALESVIVAR, WHICH DECISIONS ARE ALL CONTRARY TO LAW; THE COURT OF APPEALS SERIOUSLY ERRED IN NOT RULING THAT THE ACQUISITION OF CONRADO ALMAZORA, RESPONDENTS’ PREDECESSOR-IN-INTEREST, OF THE SUBJECT PROPERTY, IS INVALID AND PRODUCED NO EFFECT WHATSOEVER BECAUSE NOT ALL THE ELEMENTS OF LACHES, AS TO DEPRIVE AURORA MORALES-VIVAR OF HER OWNERSHIP, ARE PRESENT IN THE CASE AT BAR.21. La possession doit être réelle. As properly held by the CA, petitioners belatedly instituted their judicial claim over the land on May 9, 1996. 566. The signatures of Aurora and her husband, affixed on the deed of sale, were not properly controverted by her. Acquisitive prescription is a mode of acquiring ownership by a possessor through the requisite lapse of time. This is so because the said portion of 7,540 square meters was an integral part of that bigger tract of land which he bought from Fernando Cruz under public document (Exh I). 21. In this case, the ten-year prescriptive period is squarely applicable because Conrado and his family, not petitioners, were in possession of the property. (Viso Derecho Civil, Parte Segunda, p. 541). 38 DBT Mar-Bay Construction, Inc. v. Panes, 612 Phil. parang. To return the ownership and possession of 7,540 square meters to the plaintiffs as indicated in the relocation survey plan; and. Parenthetically, at the time of the sale, the whole area consisting of the riceland and pasture land was already covered by a tax declaration in the name of Fernando Cruz (Exh. 2880 and No. This, however, is a self-serving allegation without any evidentiary substantiation. E), to 13,856 square meters. 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. Even assuming that Conrado truly employed fraud, no proof was presented that respondents, as heirs of Conrado, were in privy and had knowledge of the misrepresentations. 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. Even petitioner Consuelo Vivar- Pangasinan testified that Conrado had been using the property for 30 years31 and that Aurora had never shown her any evidence of ownership of the property.32. As a general rule, the Court’s jurisdiction in a Rule 45 petition is limited to the review of pure questions of law. In the case at bench, however, it was extinctive prescription, and not acquisitive prescription, which barred the action of petitioners. In the same way, rights and conditions are lost by prescription. Possession has to be in the concept of an owner, public peaceful and uninterrupted. Lucia, Angat, Bulacan, to herein petitioners. As the CA correctly held, the action must fail, not because respondents adversely occupied the property, but because petitioners failed to institute their suit within the prescriptive period under Article 1144 of the Civil Code. D) covering an area of 6,000 square meters. 343-344. 36 Art. First, Aurora and her family entrusted to Conrado the owner’s duplicate of the certificate of title of the subject property in 1945. No. 180974, June 13, 2012, 672 SCRA 325, 338, citing Municipality of Carcar v. CFI Cebu, 204 Phil. Under ordinary acquisitive prescription, a person acquires ownership of a patrimonial property through possession for at least ten (10) years, in good faith and with just title. (1969) Art. COURT OF APPEALS, FERNANDO CRUZ and SERVANDO FLORES, respondents. 1139. 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. C) which sale, includes the encroached portion (7,540 square meters of plaintiffs' property). Meanwhile, the RTC continued the proceedings and set the case for trial on the merits. The trial court even noted that petitioners could not present a single tax declaration receipt as an indicia of their ownership. In order to ripen into ownership, possession must be in the concept of an owner, public, peaceful and uninterrupted. 3 & 4). at 399-423. They contended that the owner’s duplicate copy of TCT No. La prescription acquisitive est un moyen d’acquérir le droit de propriété ou l’un de ses démembrements, par l’effet de la possession. 751 (2005). Defendant Fernando Cruz sold his property with an area of 13,856 square meters to defendant Servando Flores pursuant to a deed of sale (Kasulatan ng Bilihan) dated November 3, 1968 (Exh. Petitioners also claim that prescription is not a valid defense to defeat the title of Aurora. Acquisitive prescription is when one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. 810, Government vs. Abadilla 46 Phil. Prescription, in general, is a mode of acquiring (or losing) ownership and other real rights through the 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. Cuadrados, klasipikado 2-b, amillarado P270.00 Tax No property in the assailed Decision a pasture land ( parang containing. Existence of fraud with clear and convincing evidence or difference exists as to assailed... Certiorari 13 to assail the validity of such deed possessor through the requisite lapse of time assert. 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