Tacas vs.

Tobon
G.R. No. L-30240

August 23, 1929

Facts:
This is an action to recover from the defendant the ownership and possession of three parcels of land,
together with the fruits collected by him during the time he was in possession of said land that is, since
January, 1912, it being alleged that the defendant unlawfully took said parcels upon the death of
Francisco Dumadag, predecessor in interest of the plaintiffs.
The defendant alleges that he is the owner of said lands, having purchased from one Exequiel or Gil
Tacas, the brother of the plaintiff Aquilina.
It is sufficiently proven by a preponderance of the evidence that the three parcels of land under
discussion, were parts of an estate belonging to Francisco Dumadag,
The trial court declared the plaintiffs to be the absolute owners of the three parcels of land in litigation,
and ordered the defendant Evaristo Tobon to deliver said parcels of land to the plaintiffs.
(No CA)
Evidence being lacking to show that when he entered upon the possession of the lands in question, he
was aware of any flaw in his title or mode of acquiring it, he is deemed a possessor in good faith. Hence,
the fruits of said lands were his, until he was summoned upon the complaint, or until he has filed his
answer thereto.
Issue:
Who is the owner of the land in question.
Ruling:
The SC ruled that the plaintiffs are the owners of the lands in question, and that the defendant is bound to
return to them the former. The defendant is only bound to return to the plaintiffs the fruits received from
April, 1918 to 1927, with the right to deduct the expenses of planting and harvesting (Art. 443 of the Civil
Code - He who receives the fruits has the obligation to pay the expenses made by a third person in their
production, gathering, and preservation).