. (1969) Art. 11 (See De Borja vs. De Borja 59 Phil. 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. 37 Virtucio v. Alegarbes, G.R. 196023, April 21, 2014, 722 SCRA 623, 635. In order to ripen into ownership, possession must be in the concept of an owner, public, peaceful and uninterrupted. T-18729 by the Register of Deeds of Laguna on July 29, 1939.4. Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law, 16 See Footnote 9 absent good faith and just title, the law requires, under extraordinary acquisitive prescription an uniterrupted adverse possession for thirty years (Art. I attest 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. Les juges l'ont déclaré propriétaire par application de la prescription trentenaire. As a general rule, the Court’s jurisdiction in a Rule 45 petition is limited to the review of pure questions of law. L’article 2258 du Code civil dispose que : « 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. vs. 20. No cost.1âwphi1.nêt. (b) There are two kinds of prescription by which patrimonial property may be acquired, one ordinary and [the] other extraordinary. 810, Government vs. Abadilla 46 Phil. Dans les faits, Monsieur D et Monsieur et Madame S revendiquent chacun la propriété d'une parcelle de terrain, cadastrée actuellement section B, n° 511 E, d'une contenance d'après cadastre de 4a 33 ca. 24 Spouses Salvador v. Spouses Rabaja, G.R. Le possesseur qui revendique la propriété d’un immeuble doit démontrer qu’il l’a possédé à titre de propriétaire pendant au moins 10 ans. Art. No. square meters. » . 1529 covers acquisitive prescription. The appellate court adopted the summary of evidence made by the trial court; thus: Evidence adduced by the plaintiffs through the testimony of plaintiff Gabriela Angeles showed that the parcel of land subject of litigation covering Lot 3098 and embraced under Tax Declaration 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. 2 This figure appears in some portion of the decision of the Court of Appeals, as well as in either documents to be 7,856 square meters. It was registered in the name of Aquilina Martinez (Aquilina) under Transfer Certificate of Title (TCT) No. Comme pour les meubles, cette possession doit : 1. être constituée dans ses 2 éléments. x x x x x … Prescription acquisitive : définition. To rebuild their house, they borrowed money from their relative, Conrado Almazora (Conrado). In their answer, respondents Cruz and Flores denied the allegations of petitioners, assailing at the same time the jurisdiction of the trial court to act on the complaint which, it was claimed, had effectively asserted a cause of action for ejectment (unlawful detainer). 44 See Estate of Margarita Cabacungan v. Laguio, 655 Phil. The Lawphil Project - Arellano Law Foundation. 28 96 Phil. L’usucapion suppose d’abord la possession du bien. Il y a lieu de préciser que la parcelle litigieuse provient de divisions successives d'une parcelle cadastrée initialement 511 d'une contenance de 23a 80ca. Respondents averred that the imputation of fraud on the part of Conrado in the registration of the subject property was baseless and this assertion of fraud was not transmissible from Conrado to his heirs, who merely acquired the property through succession.10. 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. As explicitly mentioned in the document of sale (Exh. Art. Sto. CRISTINA DISONGLOALMAZORA, RENILDA ALMAZORA-CASUBUAN, RODOLFO CASUBUAN, SUSANA ALMAZORAMENDIOLA, CARLOS MENDIOLA, CECILIO ALMAZORA and NENITA ALMAZORA, Respondents. Even on the subject of ownership, petitioners failed to substantiate their claim. In order to ripen into ownership, possession must be in the concept of an owner, public, peaceful and uninterrupted. 14 Penned by Associate Justice Romeo J. Callejo, Sr., with Associate Justice Fermin A. Martin, Jr. and Associate Justice Mariano M. Umali, concurring; id. 13 Possession, to constitute the foundation of a prescriptive right, must be en concepto de dueno, or, to use the common law equivalent of the term, that possession should be adverse; if not, such possessory acts, no matter how long, do not start the running of the period of prescription. Walang mejoras at ang hangganan sa paligid ay makikilala sa pamamagitan ng mga matutuwid na sikang o pilapil na buhay. 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. 3 & 4), which he then declared for taxation purposes under Tax Declaration No. Petitioners, however, drastically failed to prove the fact of fraud with clear and convincing evidence. 566. 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. . Hence, this petition, raising the following. 1529 cannot be acquired through prescription.34 The argument is patently erroneous. 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. In turn, respondent Cruz sold, on 03 November 1968, the 13,856 square meters of land to respondent Flores under a "Kasulatan ng Bilihan." 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. It concluded that Aurora was not entitled to damages because there were no clear and cogent grounds to award the same. 857, Laguna vs. Levantino, 71 Phil. L’article 2258 du Code civil énonce : « 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 … 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. 642 Severino 44 Phil 343, Bargayo vs. Camumot, 40 Phil 875 Wolfson vs. Reyes 8 Phil. La prescription acquisitive permet de devenir propriétaire d'un bien par l'effet du temps, c'est un mode d'acquisition de la propriété lié à la possession. Section 47 of Presidential Decree (P.D.) In its Decision, dated June 29, 2004, the RTC dismissed the complaint. F). Granting, for the sake of argument, that the present case was not barred by laches and had not prescribed, it must still fail on its merits. Ainsi un simple détenteur du bien ou du droit qui le possède pour compte d’autrui ne peut jamais prescrire. The present case demonstrates the legal principle that the law aids the vigilant, not those who slumber on their rights. 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. ANTONIO T. CARPIOAssociate JusticeChairperson, Second Division. 364). Art. As early as 1945, the title was already in the possession of Conrado. For decades, petitioners lacked the possession and interest to 'recover the subject property. 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. To answer these questions, the Court must review the records to determine whether the lower courts properly appreciated the evidence in concluding its findings. Consequently, Conrado and his family remained in the said property. 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. Acquisitive prescription is either ordinary or extraordinary. It explained that even if Aurora had a claim on the subject property, she was guilty of laches. La prescription acquisitive trentenaire peut être invoquée pour d'autres droits que celui de la propriété immobilière. 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. Art. Ayon sa Tax No. Only respondents filed a memorandum.15. In order to ripen into ownership, possession must be in the role of an owner, public, peaceful and uninterrupted. . Petitioners moved for reconsideration, but their motion was denied by the CA in the assailed Resolution, dated February 3, 2012. No. 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. Thus: We think that this contention is based on a misconception of the scope and effect of the provisions of this article of the Code in its application to "ordinary prescription." La prescription acquisitive ou usucapion peut se traduire par le fait d’acquérir un nouveau droit de façon juridique sans toutefois en posséder le titre. C) which sale, includes the encroached portion (7,540 square meters of plaintiffs' property). HON. Ang Palayero ay may sukat na 6,000 metros cuadrados, klasipikado 2-b, amillarado P270.00 Tax No. 12 See Mariategui vs. CA, 205 SCRA 337, Adille vs. CA, 157 SCRA 455, Bargayo vs. Camumot 40 Phil. Under extraordinary acquisitive prescription, a person’s uninterrupted adverse possession of patrimonial … It held that it took Aurora more than 50 years to act on Conrado’s withholding of the title covering the subject property. 199990, February 4, 2015. 1117. On the issue of prescription, the CA ruled in favor of respondents and explained that their possession over Lot No. The signatures of Aurora and her husband, affixed on the deed of sale, were not properly controverted by her. Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law; 15 without good faith and just title, acquisitive prescription can only be extraordinary in character. 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. . 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. 96-0206, a case for damages. On February 7, 1972, Conrado passed away. T-35280 was issued in the name of Aurora5 after TCT No. Sa possession doit être paisible, continue, publique et non équivoque pour produire ses effets. Thus, their house was reconstructed. 2882 (Exh. 751 (2005). The records of the case amply supports the holding of the appellate court that the requirements for ordinary prescription hereinabove described have indeed been duly met; it explained: In the instant case, appellant Servando Flores took possession of the controverted portion in good faith and with just title. 114, 120 (1998). Petitioners argue that prescription shall not lie against their action because a registered land under Section 47 of P.D. Il a manifesté la volonté de s'approprier le bien. 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. Lucia, Angat, Bulacan, to herein petitioners. The trial court found that her allegations of repeated pleas to Conrado to return the copy of the title deserved scant consideration. Une situation de fait perdurant depuis de nombreuses années peut par exemple entraîner une prescription acquisitive … The applicable statute on prescription of action for the recovery of a real property, is Article 1141 of the Civil Code of the Philippines, which provides that On this ground alone, the present petition under Rule 45 is dismissible. D) covering an area of 6,000 square meters. Constructive trusts are created by the construction of equity in order to satisfy the demands of justice and prevent unjust enrichment.41 Article 1456 of the Civil Code provides that a person acquiring property through fraud becomes, by operation of law, a trustee of an implied trust for the benefit of the real owner of the property.42 It is now well-settled that the prescriptive period to recover property obtained by fraud or mistake, giving rise to an implied trust under Article 1456 of the Civil Code, is 10 years pursuant to Article 1144.43 The prescriptive period to enforce the constructive trust shall be counted from the alleged fraudulent registration or date of issuance of the certificate of title over the property.44 The ten-year prescriptive period applies only if there is an actual need to reconvey the property as when the plaintiff is not in possession of the property.45. 021519-92-3194. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary. 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. Hence, appellant Flores' possession of the entire parcel which includes the portion sought to be recovered by appellees was not only in the concept of an owner but also public, peaceful and uninterrupted. Aggrieved, Aurora appealed to the CA. 180974, June 13, 2012, 672 SCRA 325, 338, citing Municipality of Carcar v. CFI Cebu, 204 Phil. (paragr. 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. 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). They countered that the subject property was properly transferred to Conrado under TCT No. These two kinds of prescription should not be interchanged.37. Le vendeur se croit propriétaire d'un bien alors que les titres montrent qu'il n'en est rien. 36 Art. 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. 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 . Ordinary acquisitive prescription demands, as aforesaid, that the possession be "in good faith and with just title." La prescription acquisitive est un moyen d’acquérir le droit de propriété ou l’un de ses démembrements, par l’effet de la possession. In fine, the Adjudication and Absolute Sale of a Parcel of Registered Land, being a notarized document, enjoys the presumption of regularity. 6. In the absence of evidence of fraud, the transfer to Conrado of the title of the subject property, and the subsequent transfer to respondents by virtue of succession,50 must be upheld. No. 26 Salandanan v. CA, 353 Phil. WHEREFORE, the petition for review on certiorari is DENIED. No. 1106. This, they failed to do.49. Par chance,des décisions importantesontétérendues dans le domaine delaprescriptionaucoursdel’année2011,oùcettechroniqueavait 1139. La prescription acquisitive exige une durée de possession de trente ans. 808, 819 (1992). 25 Metropolitan Bank and Trust Company v. Centro Development Corporation, G.R. Actions prescribe by the mere lapse of time fixed by law. 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). Ainsi, la possession doit être continue, paisible, publique et non équivoque. Le possesseur doit se comporter comme s'il était le titulaire légitime de ce droit. La prescription acquisitive est fondée sur la possession continue d'une chose ou d'un droit. Vs. HON was issued in the possession be `` in good faith and with just title.,. Tax Declarations No ownership by a possessor through the requisite lapse of time fixed by law the trial found. 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