Escolar Documentos
Profissional Documentos
Cultura Documentos
The petition has no merit. (3) Exclusive original jurisdiction in all civil
actions which involve title to, or possession of,
It bears stressing that the nature of the action real property, or any interest therein where
and which court has original and exclusive the assessed value of the property or interest
jurisdiction over the same is determined by therein does not exceed Twenty Thousand
the material allegations of the complaint, the Pesos (₱20,000.00) or, in civil actions in Metro
type of relief prayed for by the plaintiff and the Manila, where such assessed value does not
law in effect when the action is filed, exceed Fifty Thousand Pesos (₱50,000.00)
irrespective of whether the plaintiffs are exclusive of interest, damages of whatever
entitled to some or all of the claims asserted kind, attorney’s fees, litigation expenses and
therein.18 The caption of the complaint is not costs: Provided, That in cases of land not
determinative of the nature of the action. Nor declared for taxation purposes, the value of
does the jurisdiction of the court depend upon such property shall be determined by the
the answer of the defendant or agreement of assessed value of the adjacent lots.
the parties or to the waiver or acquiescence of
the parties. Section 19(2) of the law, likewise, provides
that:
We do not agree with the contention of the
petitioners and the ruling of the CA that the Sec. 19. Jurisdiction in civil cases. – The
action of the petitioners in the RTC was Regional Trial Court shall exercise exclusive
an accion reinvindicatoria. We find and so rule original jurisdiction:
that the action of the petitioners was an accion
publiciana, or one for the recovery of …
possession of the real property subject matter
thereof. An accion reinvindicatoria is a suit (2) In all civil actions, which involve the title
which has for its object the recovery of to, or possession of, real property, or any
possession over the real property as owner. It interest therein, where the assessed value of
involves recovery of ownership and possession the property involved exceeds Twenty
based on the said ownership. On the other Thousand Pesos (₱20,000.00) or, for civil
hand, an accion publiciana is one for the actions in Metro Manila, where such value
recovery of possession of the right to possess. exceeds Fifty Thousand Pesos (₱50,000.00)
It is also referred to as an ejectment suit filed except actions for forcible entry into and
after the expiration of one year after the unlawful detainer of lands or buildings,
Page |4
PROPERTY CASES: OWNERSHIP
original jurisdiction over which is conferred absolutely no evidence for this, is irrelevant in
upon the Metropolitan Trial Courts, Municipal the light of the fact that there is an assessed
Trial Courts, and Municipal Circuit Trial value. It is the amount in the tax declaration
Courts. that should be consulted and no other kind of
value, and as appearing in Exhibit B, this is
The jurisdiction of the court over an action ₱5,950. The case, therefore, falls within the
involving title to or possession of land is now exclusive original jurisdiction of the Municipal
determined by the assessed value of the said Trial Court of Romblon which has jurisdiction
property and not the market value thereof. The over the territory where the property is
assessed value of real property is the fair located, and not the court a quo.24
market value of the real property multiplied by
the assessment level. It is synonymous to It is elementary that the tax declaration
taxable value.20 The fair market value is the indicating the assessed value of the property
price at which a property may be sold by a enjoys the presumption of regularity as it has
seller, who is not compelled to sell, and been issued by the proper government
bought by a buyer, who is not compelled to agency.25
buy.
Unavailing also is the petitioners’
Even a cursory reading of the complaint will argumentation that since the complaint,
show that it does not contain an allegation likewise, seeks the recovery of damages
stating the assessed value of the property exceeding ₱20,000.00, then the RTC had
subject of the complaint.21 The court cannot original jurisdiction over their actions. Section
take judicial notice of the assessed or market 33(3) of B.P. Blg. 129, as amended, quoted
value of lands.22 Absent any allegation in the earlier, explicitly excludes from the
complaint of the assessed value of the determination of the jurisdictional amount the
property, it cannot thus be determined demand for "interest, damages of whatever
whether the RTC or the MTC had original and kind, attorney’s fees, litigation expenses, and
exclusive jurisdiction over the petitioners’ costs." This Court issued Administrative
action. Circular No. 09-94 setting the guidelines in
the implementation of R.A. No. 7691, and
We note that during the trial, the petitioners paragraph 2 thereof states that –
adduced in evidence Tax Declaration No.
8590-A, showing that the assessed value of 2. The exclusion of the term "damages of
the property in 1991 was ₱5,950.00. The whatever kind" in determining the
petitioners, however, did not bother to adduce jurisdictional amount under Section 19(8) and
in evidence the tax declaration containing the Section 33(1) of B.P. Blg. 129, as amended by
assessed value of the property when they filed R.A. 7691, applies to cases where the
their complaint in 1996. Even assuming that damages are merely incidental to or a
the assessed value of the property in 1991 consequence of the main cause of action.
was the same in 1995 or 1996, the MTC, and However, in cases where the claim for
not the RTC had jurisdiction over the action of damages is the main cause of action, or one of
the petitioners since the case involved title to the causes of action, the amount of such
or possession of real property with an claim shall be considered in determining the
assessed value of less than ₱20,000.00.23 jurisdiction of the court.
We quote with approval, in this connection, Neither may the petitioners find comfort and
the CA’s disquisition: solace in Section 19(8) of B.P. Blg. 129, as
amended, which states:
The determining jurisdictional element for
the accion reinvindicatoria is, as RA 7691 SEC. 19. Jurisdiction in civil cases. – Regional
discloses, the assessed value of the property Trial Courts shall exercise exclusive original
in question. For properties in the provinces, jurisdiction:
the RTC has jurisdiction if the assessed value
exceeds ₱20,000, and the MTC, if the value is …
₱20,000 or below. An assessed value can have
reference only to the tax rolls in the (8) In all other cases in which the demand,
municipality where the property is located, exclusive of interest, damages of whatever
and is contained in the tax declaration. In the kind, attorney's fees, litigation expenses, and
case at bench, the most recent tax declaration costs or the value of the property in
secured and presented by the plaintiffs- controversy exceeds One Hundred Thousand
appellees is Exhibit B. The loose remark made Pesos (₱100,000.00) or, in such other cases in
by them that the property was worth 3.5 Metro Manila, where the demand, exclusive of
million pesos, not to mention that there is
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PROPERTY CASES: OWNERSHIP
the above-mentioned items exceeds Two 2. Resolution dated November 7,
Hundred Thousand Pesos (₱200,000.00). 2002, which denied his motion for
reconsideration.
The said provision is applicable only to "all
other cases" other than an action involving From the pleadings and memoranda
title to, or possession of real property in which respectively filed by the parties, the Court
the assessed value is the controlling factor in gathers the following factual antecedents:
determining the court’s jurisdiction. The said
damages are merely incidental to, or a On July 8, 1992, in the MCTC of Bayugan and
consequence of, the main cause of action for Sibagat, Agusan del Sur, the siblings Crispulo
recovery of possession of real property.26 Vasquez and Florencia Vasquez-Gilsano filed
complaint for forcible entry against Cesar
Since the RTC had no jurisdiction over the Sampayan for allegedly having entered and
action of the petitioners, all the proceedings occupied a parcel of land, identified as Lot No.
therein, including the decision of the RTC, are 1959, PLS-225, and built a house thereon
null and void. The complaint should perforce without their knowledge, consent or authority,
be dismissed.27 the entry having been supposedly effected
through strategy and stealth.
WHEREFORE, the petition is DENIED. The
assailed Decision and Resolution of the Court In their complaint, the plaintiffs (now private
of Appeals in CA-G.R. CV No. 63737 are respondents), substantially alleged that their
AFFIRMED. Costs against the petitioners. mother Cristita Quita was the owner and
actual possessor of Lot No. 1959; that after
SO ORDERED. their mother’s death on January 11, 1984,
they became co-owners pro-indiviso and
Puno, (Chairman), Austria-Martinez, Tinga, lawful possessors of the same lot; that on
and Chico-Nazario, JJ., concur. June 1, 1992, while they were temporarily
absent from the lot in question, defendant
Cesar Sampayan, through strategy and
stealth, entered the lot and built a house
2 THIRD DIVISION thereon, to their exclusion; and that, despite
their repeated demands for Sampayan to
G.R. No. 156360 January 14, 2005 vacate the lot and surrender the possession
thereof to them, the latter failed and refused
to do so.
CESAR SAMPAYAN, petitioner,
vs.
The HONORABLE COURT OF APPEALS, In his answer, defendant Sampayan denied
CRISPULO VASQUEZ and FLORENCIA the material allegations of the complaint and
VASQUEZ GILSANO,respondents. averred that neither the plaintiffs nor their
mother have ever been in possession of Lot
No. 1959 and that he does not even know
DECISION
plaintiffs’ identities or their places of
residence. He claimed that he did not enter
GARCIA, J.: the subject lot by stealth or strategy because
he asked and was given permission therefor
In this verified petition for review by Maria Ybañez, the overseer of the lot’s true
on certiorari under Rule 45 of the Rules of owners, Mr. and Mrs. Anastacio Terrado who
Court, petitioner Cesar Sampayan seeks the were then temporarily residing in Cebu City
annulment and setting aside of the following for business purposes. In the same answer,
issuances of the Court of Appeals in CA-G.R. Sampayan alleged that the plaintiffs’ claim
SP No. 43557, to wit: has long prescribed for the reason that the lot
in dispute had been possessed and declared
1. Decision dated May 16, 2002, denying his for taxation purposes by the spouses
petition for review and affirming an earlier Felicisimo Oriol and Concordia Balida-Oriol in
decision of the Regional Trial Court at Agusan 1960, and that in 1978, the Oriol spouses sold
del Sur, Branch VII, which in turn reversed on one-half (1/2) of the lot to the spouses Mr.
appeal a favorable judgment of the Municipal and Mrs. Anastacio Terrado, while the other
Circuit Trial Court (MCTC) of Bayugan and half, to the couple Manolito Occida and
Sibagat, Agusan del Sur in a forcible entry Juliana Sambale-Occida in 1979. Both
case thereat commenced against him by vendees, so Sampayan averred, have actually
herein private respondents, the brother-and- possessed the respective portions purchased
sister Crispulo Vasquez and Florencia by them up to the present. He thus prayed for
Vasquez-Gilsano; and the dismissal of the complaint.
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PROPERTY CASES: OWNERSHIP
In the ensuing proceedings following the Balida-Oriol, conveying the one-half
joinder of issues, the plaintiffs, to prove that (1/2) portion of Lot No. 1959 to the
they have been in actual possession of Lot No. couple Manolito Occida and Juliana
1959 when defendant Sampayan effected his Sambale-Occida who possessed the
entry thereto, submitted in evidence the one-half (1/2) portion and introduced
following documents: improvements thereon, such as coconut
and caimito trees;
1. Tax Declaration No. 3180 in the
name of Cristita Quita; 4. Deed of Relinquishment of Rights of
Portion of Land, executed by the
2. Certificate of Death showing the date spouses Oriol in favor of the same
of death of Cristita Quita on January couple Manolito Occida and Juliana
11, 1984; Sambale-Occida, to further strengthen
the transfer of possession and whatever
3. Certificate issued by Fermina R. possessory rights the Oriols had in the
Labonete, Land Management Officer-III lot in question;
of CENRO X-3-E, DENR-X-3-9,
Bayugan, Agusan del Sur showing that 5. Deed of Absolute Sale of Land
Lot 1959, PLS-225 is covered by a executed by Concordia Balida-Oriol
Miscellaneous Sales Application of with the conformity of Teodosio
Cristita Quita; Mosquito (another claimant), to prove
that the other half of Lot No. 1959 was
4. Affidavit of one Emiliano G. Gatillo to sold in 1978 to Mr. and Mrs. Anastacio
the effect that he was the one who gave Terrado whose overseer allowed
the lot in question to Cristita Quita Sampayan to enter and occupy the
sometime in 1957 and that since then premises;
the latter had been occupying the lot;
6. Protest filed with the CENRO,
Plaintiffs also filed a Supplemental Agusan del Sur by the vendee Juliana
Position Paper dated July 13, 1994 for Sambale-Occida against the
the purpose of showing that Cristita Miscellaneous Sales Application of
Quita is one of the oppositors in Cristita Quita;
Cadastral Case No. 149. Together with
said position paper, they submitted a 7. Affidavit of Dionesia Noynay attesting
copy of the Answer/Opposition earlier to the fact that she is residing in Lot
filed in Cadastral Case No. 149. In said No. 1957, a lot adjacent to the lot in
cadastral case, Cristita Quita was question, since 1960 up to the present.
claiming Lot 1959, thus her name In the same affidavit, Dionisia claimed
appeared in the list of oppositors that neither Cristita Quita, much less
therein. the plaintiffs, had ever possessed Lot
No. 1959. She claimed that it was the
5. The decision in the said Cadastral Occida couple who possessed said lot
Case No. 149 showing that the then and introduced improvements thereon;
Court of First Instance of Agusan del and
Sur declared Lot No. 1959 as one of the
lots subject of the same cadastral case. 8. Affidavit of Juliana Occida and Maria
Ybañez to show the impossibility of
For his part, defendant Sampayan, to prove plaintiffs’ possession of the same lot.
the allegations in his answer, offered in
evidence the following: Meanwhile, on March 21, 1996, while the case
was pending with the MCTC, the presiding
1. Tax Declaration No. A-11698 in the judge thereof personally conducted an ocular
name of Felicisimo Oriol, which cancels inspection of the contested lot in the presence
Tax Declaration 8103; of the parties and/or their counsels. Among
those found in the area during the inspection
2. Tax Declaration No. GRB-01-930 in are: the house of defendant Sampayan; the
the name of Felicisimo Oriol which dilapidated house of a certain Peter Siscon;
cancels Tax Declaration No. A-11698; and a portion of the house of Macario Noynay,
husband of Dionisia Noynay, one of
3. Deed of Absolute Sale of Portion of Sampayan’s witnesses.
Land, dated April 30, 1979, executed by
Jesus Oriol for and in behalf of the Based on his ocular findings, the judge
spouses Felicisimo Oriol and Concordia concluded that the improvements he saw in
Page |7
PROPERTY CASES: OWNERSHIP
the premises could never have been that she filed a Miscellaneous Sales
introduced by the plaintiffs nor by their Application over the lot. On the basis of such
mother Cristita Quita but by the vendees of finding, the RTC concluded that it was Cristita
the same lot. Reproduced by petitioner Jose Quita, predecessor-in-interest of the herein
Sampayan in the instant petition as well as in private respondents, who was in actual prior
the Memorandum he subsequently filed with physical possession of Lot No. 1959.
this Court, the MCTC judge’s findings and
observations during the ocular inspection, Unable to accept the RTC judgment,
about which the herein private respondents Sampayan went to the Court of Appeals on a
took no exception whatsoever, are hereunder petition for review, thereat docketed as CA-
quoted, as follows: G.R. SP No. 43557.
"Noted inside the land are the house of the As stated at the threshold hereof, the Court of
defendant, Cesar Sampayan, of Peter Siscon, Appeals, in the herein assailed Decision
which appears to be dilapidated, and part of dated May 16, 2002,2denied Sampayan’s
the house of Macario Noynay which petition. His motion for reconsideration having
encroached to the land in question. Planted on been similarly denied by that court in
the land are five (5) coconut trees, fruit its Resolution of November 7,
bearing, three (3) not fruit bearing coconut 2002,3 Sampayan is now with us via the
trees, and three (3) star apple or caimito trees. present recourse, it being his submissions -
Defendant Sampayan admitted that he started
occupying the land since 1992. It is admitted "I.
by the parties during the ocular inspection
that one-half (1/2) portion of the land was THAT THE COURT OF APPEALS ERRED IN
bought by a certain Occida from certain Mr. RULING THAT THE MUNICIPAL CIRCUIT
and Mrs. Felicisimo Oriol. TRIAL COURT OF BAYUGAN, AGUSAN DEL
SUR, HAS JURISDICTION OVER THE CASE,
The findings in the ocular inspection have CONSIDERING THAT DURING THE HEARING
confirmed the allegation of the defendant THEREOF IT WAS FOUND OUT BY THE SAID
that his predecessors-in-interest have MUNICIPAL COURT THAT ACCION
introduced improvements by planting PUBLICIANA OR PLENARIA DE POSESION,
caimito trees, coconut trees, and others on AND NOT FORCIBLE ENTRY, IS THE PROPER
the land in question. ACTION;
We note that in the herein assailed decision, Petitioner further alleged in his complaint that
the Court of Appeals attached much in 1985, when he bought the three lots, he
significance to the fact that private informed respondents that the building
respondents’ mother Cristita Quita was an occupies a portion of his land. However, he
oppositor in Cadastral Case No. 149. We rule allowed them to continue using the building.
and so hold that the mother’s being an But in 1996, he needed the entire portion of
oppositor in said cadastral case does not, by his lot, hence, he demanded that respondents
itself, establish prior physical possession demolish and remove the part of the building
because not all oppositors in cadastral cases encroaching his property and turn over to him
are actual possessors of the lots or lands their possession. But they refused. Instead,
subject thereof. they continued occupying the contested
portion and even made improvements on the
WHEREFORE, the instant petition is hereby building. The dispute was then referred to
GRANTED and the Decision and Resolution, the barangay lupon, but the parties failed to
respectively dated May 16, 2002 and reach an amicable settlement. Accordingly, on
November 7, 2002, of the Court of Appeals March 27, 1996, a certification to file action
REVERSED and SET ASIDE. was issued.
What we have now is sufficient evidence In sum, we find no reversible error much less
showing that private respondent has a better any grave abuse of discretion committed by
right to possess Lot 1227. The commissioners’ the Court of Appeals. A person who occupies
report and sketch plan show that the 19 the land of another at the latter’s tolerance or
petitioners occupy the lot, which corroborate permission, without any contract between
private respondent’s allegation and disprove them, is necessarily bound by an implied
petitioners’ defense that Lot 1227 is a promise that he will vacate upon demand,
shoreline; or that Lot 1227 is a social forest failing which a summary action for ejectment
area. While not a conclusive evidence of is the proper remedy against him.30 His status
ownership, private respondent’s tax is analogous to that of a lessee or tenant
declaration constitutes proof that she has a whose term of lease has expired but whose
claim of title over the lot. It has been held occupancy continued by tolerance of the
that: owner. In such a case, the date of unlawful
deprivation or withholding of possession is to
Although tax declarations or realty tax be counted from the date of the demand to
payment of property are not conclusive vacate.31
evidence of ownership, nevertheless, they are
good indicia of possession in the concept of WHEREFORE, the instant petition is DENIED
owner for no one in his right mind would be for lack of merit. The Decision of the Court of
paying taxes for a property that is not in his Appeals dated March 30, 2001 and its
actual or at least constructive possession. Resolution dated October 18, 2001 are
They constitute at least proof that the holder AFFIRMED.
has a claim of title over the property. The
voluntary declaration of a piece of property for Costs against petitioners.
taxation purposes manifests not only one’s
sincere and honest desire to obtain title to the SO ORDERED.
P a g e | 16
PROPERTY CASES: OWNERSHIP
Davide, Jr., C.J., (Chairman), Ynares- possession and occupation thereof since 1955.
Santiago, Carpio, and Azcuna, JJ., concur. In his Amended Answer with
Counterclaim,9 however, respondent failed to
5 FIRST DIVISION allege that the questioned lot is covered by the
OCT No. P-13011, and instead asserted that
[G.R. NO. 165177 : August 25, 2005] he planted fruit bearing trees in the property.
Respondent further pleaded the defenses of
LILIA V. PERALTA- lack of cause of action and prescription.
LABRADOR, Petitioners, v. SILVERIO
BUGARIN, substituted by his widow, On May 16, 1999, the court a quo ruled in
CONSOLACION BUGARIN,1 Respondent. favor of respondent declaring him as the
owner of the controverted lot on the basis of
DECISION the OCT No. P-13011. The complaint was
dismissed for failure of petitioner to prove
YNARES-SANTIAGO, J.: prior physical possession and ownership
thereof. The dispositive portion thereof, reads:
Challenged in this Petition for Review
on Certiorari is the March 12, 2004 WHEREFORE, all the foregoing premises
decision2 of the Court of Appeals in CA-G.R. considered and for failure on the part of the
SP No. 57475, which affirmed with plaintiff to establish the preponderance of
modification the January 26, 2000 evidence of prior actual physical possession
judgment3 of the Regional Trial Court (RTC) of and present title over the lot in her favor, let
Iba, Zambales, Branch 71, in Civil Case No. the instant case be ordered DISMISSED, and
RTC-1590-I, which in turn affirmed the the defendant be awarded the rightful
decision4 dated May 16, 1999 of the Municipal possession and ownership of the same and the
Trial Court (MTC) of San Felipe, Zambales, in plaintiff is hereby ordered to pay FIFTEEN
Civil Case No. 328, and its September 6, 2004 THOUSAND (P15,000.00) PESOS as
resolution5 denying reconsideration thereof. reasonable Attorney's fee and FIVE
THOUSAND (P5,000.00) PESOS as
On January 18, 1996, petitioner Lilia V. appearance fee plus costs.
Peralta-Labrador filed a case for "Recovery of
Possession and Ownership," docketed as Civil SO ORDERED.10
Case No. 328, with the MTC of San Felipe,
Zambales. She alleged that she is the owner of The RTC affirmed the assailed
Cadastral Lot No. 2650, with an area of 400 decision,11 hence petitioner filed a Petition for
sq. m. located at Sitio Caarosipan, Barangay Review before the Court of Appeals which was
Manglicmot, San Felipe, Zambales, having however denied for insufficiency of evidence to
purchased the same in 1976 from spouses prove ownership or prior actual physical
Artemio and Angela Pronto. In 1977, she was possession. The appellate court deleted the
issued Tax Declaration No. 10462 and paid monetary awards in favor of respondent as
the taxes due thereon.6 well as the declaration of the MTC that
respondent is the owner of the questioned lot
In 1990, the Department of Public Works and on the ground that the OCT No. P-13011,
Highways constructed a road which traversed relied upon by said court was not formally
Cadastral Lot No. 2650 thereby separating offered in evidence, hence, cannot be
108 sq. m. from the rest of petitioner's lot, for considered by the court. The decretal portion
which she was issued Tax Declaration No. 02- thereof, states:
2460R in 1991.7
WHEREFORE, in view of the foregoing
Sometime in 1994, respondent Silverio discussion, the instant petition is hereby
Bugarin forcibly took possession of the 108 PARTIALLY GRANTED. The assailed Decision
sq. m. lot and refused to vacate the same dated January 26, 2000, in Civil Case No. RTC
despite the pleas of petitioner. Hence, on 1590 I of the Regional Trial Court (RTC),
January 18, 1996, she instituted a complaint Branch 71, Iba, Zambales, and Decision dated
for recovery of possession and ownership May 16, 1999, in Civil Case No. 328 of the
against respondent. Municipal Trial Court of San Felipe, Zambales
are MODIFIED by deleting the declaration of
In his Answer with ownership as to the disputed 108 square
Counterclaims,8 respondent contended that meters and the monetary award in favor of
the area claimed by petitioner is included in respondent Silverio Bugarin. However, the
the 4,473 square meter lot, covered by the dismissal of the complaint is AFFIRMED.
Original Certificate of Title (OCT) No. P-13011;
and that he has been in continuous SO ORDERED.12
P a g e | 17
PROPERTY CASES: OWNERSHIP
The motion for reconsideration filed by East, Antonio Cueva, South, Juan Borja, and
petitioner was denied. Hence the instant West, Old Provincial Road, containing an area
petition. of 108 square meters, declared under Tax
Declaration No. 002-1860R and assessed at
Pertinent portion of Section 1, Rule 70 of the P1,120.00;
Revised Rules of Civil Procedure, provides:
3. That plaintiff has been in open,
SECTION 1. Who may institute proceedings, continuous, exclusive and adverse as well
and when. - - a person deprived of the as notorious possession of the said lot and
possession of any land or building by force, in the concept of an owner since she
intimidation, threat, strategy, or stealth, - may [acquired] it in 1976 until the time when
at any time within one (1) year after such defendant took possession forcibly, two
unlawful deprivation or withholding of years ago;
possession, bring an action in the proper
Municipal Trial Court against the person or 4. That in or before 1990 the land was
persons unlawfully withholding or depriving of traversed by a new National Highway and the
possession, or any person or persons claiming land was segregated from a bigger portion of
under them, for the restitution of such the land, the western portion is now the land
possession, together with the damages and in question and since the new provincial road
costs. (Emphasis supplied)ςrαlαωlιbrαrÿ which traversed the whole land of the plaintiff,
the old highway which is west of Lot 2650
In Lopez v. David Jr.,13 it was held that an shall belong to the plaintiff in compensation of
action for forcible entry is a quieting process the portion of her lot traversed by the new
and the one year time bar for filing a suit is in highway, said old highway is also taken by
pursuance of the summary nature of the defendant unlawfully;16
action. Thus, we have nullified proceedings in
the MTCs when it improperly assumed It is clear that petitioner's averment make out
jurisdiction of a case in which the unlawful a case for forcible entry because she alleged
deprivation or withholding of possession had prior physical possession of the subject lot
exceeded one year. After the lapse of the one way back in 1976, and the forcible entry
year period, the suit must be commenced in thereon by respondent. Considering her
the RTC via an accion publiciana, a suit for allegation that the unlawful possession of
recovery of the right to possess. It is an respondent occurred two years17 prior to the
ordinary civil proceeding to determine the filing of the complaint on January 18, 1996,
better right of possession of realty the cause of action for forcible entry has
independently of title. It also refers to an prescribed and the MTC had no jurisdiction to
ejectment suit filed after the expiration of one entertain the case. Petitioner's complaint
year from the accrual of the cause of action or therefore should have been filed with the
from the unlawful withholding of possession of proper RTC.
the realty independently of title. Likewise, the
case may be instituted before the same court It is settled that jurisdiction over the subject
as an accion reivindicatoria, which is an action matter cannot be waived by the parties or
to recover ownership as well as possession.14 cured by their silence, acquiescence or even
express consent.18 Hence, the failure of
Corrollarily, jurisdiction of a court is respondent to insist on the defenses of lack of
determined by the allegations of the cause of action and prescription stated in his
complaint. Thus, in ascertaining whether or Amended Answer with Counterclaim will not
not the action falls within the exclusive vest the MTC with jurisdiction over the case.
jurisdiction of the inferior courts, the
averments of the complaint and the character On this point, the Court held in Bongato v.
of the relief sought are to be examined.15 Malvar19 that:
In the instant case, petitioner's complaint It is wise to be reminded that forcible entry is
alleges that: a quieting process, and that the restrictive
time bar is prescribed to complement the
2. That plaintiff is the owner of a parcel of summary nature of such process. Indeed, the
land denominated as Cadastral lot No. 2650, one-year period within which to bring an
San Felipe Cadastre, situated at sitio action for forcible entry is generally counted
Caarosipan, Barangay Manglicmot, San from the date of actual entry to the land.
Felipe, Zambales which she bought in 1976 However, when entry is made through stealth,
from Spouses Artemio Pronto and Angela then the one-year period is counted from the
Merano when she was still a widow, with the time the plaintiff learned about it. After the
following boundaries: North, Alipio Abad, lapse of the one-year period, the party
P a g e | 18
PROPERTY CASES: OWNERSHIP
dispossessed of a parcel of land may file either passed upon in ejectment cases for the sole
an accion publiciana, which is a plenary action purpose of determining the nature of
to recover the right of possession; or an accion possession,25 no evidence conclusively show
reivindicatoria, which is an action to recover that the lot in question is covered by said OCT
ownership as well as possession. No. P-13011 or any other title of respondent.
On the basis of the foregoing facts, it is clear WHEREFORE, the May 16, 1999 decision of
that the cause of action for forcible entry filed the Municipal Trial Court of San Felipe,
by respondents had already prescribed when Zambales, the January 26, 2000 decision of
they filed the Complaint for ejectment on July the Regional Trial Court, Branch 71, Iba,
10, 1992. Hence, even if Severo Malvar may be Zambales, and the March 12, 2004 decision of
the owner of the land, possession thereof the Court of Appeals, are ANNULLED and SET
cannot be wrested through a summary action ASIDE for lack of jurisdiction. The complaint
for ejectment of petitioner, who had been in Civil Case No. 328 is DISMISSED.
occupying it for more than one (1) year.
Respondents should have presented their suit SO ORDERED.
before the RTC in an accion publiciana or
an accionreivindicatoria, not before the MTCC Davide, Jr., C.J., (Chairman), Quisumbing,
in summary proceedings for forcible entry. Carpio, and Azcuna, JJ., concur.
Their cause of action for forcible entry had
prescribed already, and the MTCC had no 6 SECOND DIVISION
more jurisdiction to hear and decide it.
G.R. No. 132197 August 16, 2005
...
ROSS RICA SALES CENTER, INC. and
Further, a court's lack of jurisdiction over the JUANITO KING & SONS, INC., Petitioners,
subject matter cannot be waived by the vs.
parties or cured by their silence, acquiescence SPOUSES GERRY ONG and ELIZABETH
or even express consent. A party may assail ONG, Respondent.
the jurisdiction of the court over the action at
any stage of the proceedings and even on DECISION
appeal. That the MTCC can take cognizance of
a motion to dismiss on the ground of lack of Tinga, J.:
jurisdiction, even if an answer has been
belatedly filed we likewise held in Bayog v.
In a Decision1 dated 6 January 1998, the
Natino[.]
Former First Division of the Court of Appeals
overturned the decisions of the Municipal Trial
Moreover, even if the MTC has jurisdiction Court (MTC) and the Regional Trial Court
over the subject matter, the complaint should (RTC) of Mandaue City, ruling instead that the
still be dismissed because petitioner failed to MTC had no jurisdiction over the subject
prove that the controverted 108 sq. m. lot is complaint for unlawful detainer. This petition
part of Cadastral Lot No. 2650. Petitioner for review prays for the reversal of the
admitted that she has never seen the aforesaid Court of Appeals’ Decision.
Cadastral Map of San Felipe, Zambales, and
relied only on the Survey Notification
The case originated from a complaint for
Card20 from the Bureau of Lands,21 with a
ejectment filed by petitioners against
sketch of Cadastral Lot No. 2650. Said card,
respondents, docketed as Civil Case No. 2376,
however, does not reflect the 108 sq. m. lot
before the MTC of Mandaue City, Branch I. In
subject of this case. Neither did petitioner
the complaint, petitioners alleged the fact of
cause the survey of Cadastral Lot No. 2650
their ownership of three (3) parcels of land
after the construction of a new road to prove
covered by Transfer Certificates of Title (TCT)
that the segregated portion on the western
Nos. 36466, 36467 and 36468. Petitioners
side is part thereof. Ei incumbit probotio qui
likewise acknowledged respondent Elizabeth
dicit, non qui negat. He who asserts, not he
Ong’s ownership of the lots previous to theirs.
who denies, must prove.22 Failing to discharge
On 26 January 1995, Atty. Joseph M. Baduel,
this burden, the dismissal of the complaint is
representing Mandaue Prime Estate Realty,
proper.
wrote respondents informing them of its intent
to use the lots and asking them to vacate
In the same vein, ownership of the lot in within thirty (30) days from receipt of the
question cannot be awarded to respondent letter. But respondents refused to vacate,
considering that OCT No. P-13011,23 and the thereby unlawfully withholding possession of
Survey Plan24 were not formally offered in said lots, so petitioners alleged.
evidence. While the issue of ownership may be
P a g e | 19
PROPERTY CASES: OWNERSHIP
Ross Rica Sales Center, Inc. and Juanito King The following sequence of events is
and Sons, Inc. (petitioners) had acquired the undisputed:
lands from Mandaue Prime Estate Realty
through a sale made on 23 March 1995. In (1) On 1 March 1997, the RTC rendered the
turn, it appears that Mandaue Prime Estate questioned decision affirming the judgment of
Realty had acquired the properties from the the MTC.
respondents through a Deed of Absolute Sale
dated 14 July 1994. However, this latter deed (2) On 28 April 1997, respondents received a
of sale and the transfers of title consequential copy of the aforementioned decision.
thereto were subsequently sought to be
annulled by respondents in a complaint filed (3) On 8 May 1997, respondents filed a Notice
on 13 February 1995 before the Mandaue RTC of Appeal with the RTC.
against Mandaue Prime Estate Realty.2 Per
record, this case is still pending resolution. (4) On 9 May 1997, respondents filed likewise
with the RTC a Motion for Reconsideration of
Meanwhile, the MYC resolved the ejectment the aforementioned 1 March 1997 decision.
case on 24 April 1996, with the decision
ordering respondents to vacate the premises (5) On 23 June 1997, the RTC of Mandaue
in question and to peacefully turn over issued an Order denying respondents’ Motion
possession thereof to petitioners. for Reconsideration.
On appeal, the RTC rendered on 1 March (6) On 9 July 1997, respondents received a
1997 a judgment affirming the MTC’s decision copy of the aforementioned 23 June
in its entirety. 1997 Order.
On 8 May 1997, respondents filed a notice of (7) On 24 July 1997, respondents filed with
appeal. However, on the following day, they the Court of Appeals their motion for an
filed a motion for reconsideration. additional period of ten (10) days within which
to file their Petition for Review.
On 23 June 1997, the RTC issued
an Order which concurrently gave due course (8) On 30 July 1997, respondents filed with
to respondents’ notice of appeal filed on 8 May the Court of Appeals their Petition for Review.
1997; denied their motion for reconsideration
dated 9 May 1997,3 and granted petitioners’ Petitioners assert that the Petition for
motion for immediate execution pending Review was filed beyond the fifteen (15)-day
appeal. period for appeal. They theorize that the
period started running on 28 April 1995, the
In a Petition for Certiorari with Injunction filed date of receipt of the RTC decision, and ended
with the Court of Appeals and treated as on 13 May 1997. According to them, this
a Petition for Review, the appellate court ruled reglementary period could not have been
that the MTC had no jurisdiction over said interrupted by the filing on 9 May 1997 of
case as there was no contract between the the Motion for Reconsideration because of the
parties, express or implied, as would qualify filing one day earlier of the Notice of Appeal.
the same as one for unlawful detainer. Thus, This Notice of Appealdated 8 May 1997, albeit
the assailed Orders of the MTC and RTC were the wrong mode of appeal, expressly
set aside. manifested their intention to file a petition for
review to either the Court of Appeals or the
Petitioners then took this recourse via Petition Supreme Court.4
for Review under Rule 45 of the Rules of
Court. The principal issues raised before this Petitioners further argue that respondents,
Court are: (i) whether the RTC decision has after having filed the Notice of Appeal which
already become final and executory at the time was given due course by the RTC, cannot take
the petition for review was filed; (ii) whether an inconsistent stand such as filing a Motion
the allegations in the complaint constitute a for Reconsideration. Such filing, therefore, did
case for unlawful detainer properly cognizable not toll the fifteen (15)-day period which
by the MTC; and, (iii) whether petitioners, as started running from the date of receipt of the
registered owners, are entitled to the RTC decision on 28 April 1997 and ended on
possession of the subject premises. 13 May 1997.
We resolve the first argument to be without Respondents, in their Comment,5 submit that
merit. the filing of the Notice of Appeal dated 8 May
1997 was improper, and as such did not
produce any legal effect. Therefore, the filing of
P a g e | 20
PROPERTY CASES: OWNERSHIP
the Motion for Reconsideration immediately on petitioners should have filed a Petition for
the following day cured this defect. The RTC Review with the Court of Appeals and not
refused to subscribe respondents’ position. It a Notice of Appeal with the RTC. However, we
justified the denial of the Motion for consider this to have been remedied by the
Reconsideration on the ground that the timely filing of the Motion for
respondents had already filed a Notice of Reconsideration on the following day. Section
Appeal. The Orderdated 23 June 1997 stated: 3, Rule 50 of the Rules of Court allows the
withdrawal of appeal at any time, as a matter
On record is a Notice of Appeal by Certiorari of right, before the filing of the appellee’s brief.
filed by Defendants on May 8, 1997. Applying this rule contextually, the filing of
the Motion for Reconsideration may be deemed
Likewise filed by Defendants on May 9, 1997 as an effective withdrawal of the
is a Motion for Reconsideration. defective Notice of Appeal.
Considering the Notice of Appeal filed earlier Perforce, the period of appeal was tolled by
which the court hereby approves, the Motion the Motion for Reconsideration and started to
for Reconsideration is DENIED. run again from the receipt of the order
denying the Motion for Reconsideration.
The Motion for Immediate Execution Pending A Motion for Additional Time to File the
Appeal being meritorious, is Petition was likewise filed with the Court of
GRANTED.6 (Emphasis in the original.) Appeals. Counting fifteen (15) days from
receipt of the denial of the Motion for
Strangely enough, the Court of Appeals Reconsideration and the ten (10)-day request
passed no comment on this point when it took for additional period, it is clear that
cognizance of respondents’ position and respondents filed their Petition for Review on
reversed the RTC. But does this necessarily time.
mean that the RTC was correct when it
declared that the Motion for Petitioners invoke to the ruling in People v. De
Reconsideration was barred by the filing of la Cruz7 that once a notice of appeal is filed, it
the Notice of Appeal, no matter how erroneous cannot be validly withdrawn to give way to a
the latter mode was? motion for reconsideration. The factual
circumstances in the two cases are different.
Rule 42 governs the mode of appeal applicable
in this case. Sec. 1 provides: De la Cruz is a criminal case, governed by
criminal procedure. Section 3, Rule 122 of the
Section 1. How appeal taken; time for filing. -- Rules of Court provides that the proper mode
A party desiring to appeal from a decision of of appeal from a decision of the RTC is a
the RTC rendered in the exercise of its notice of appeal and an appeal is deemed
appellate jurisdiction may file a verified perfected upon filing of the notice of appeal.
petition for review with the Court of Appeals,
paying at the same time to the clerk of said In the case at bar, a petition for review before
court the corresponding docket and other the Court of Appeals is the proper mode of
lawful fees, depositing the amount of ₱500.00 appeal from a decision of the RTC. Since the
for costs, and furnishing the Regional Trial filing of the notice of appeal is erroneous, it is
Court and the adverse party with a copy of the considered as if no appeal was interposed.
petition. The petition shall be filed and served
within fifteen (15) days from notice of the Now on the second and more important issue
decision sought to be reviewed or of the denial raised by petitioners: whether
of petitioner’s motion for new trial or the Complaint satisfies the jurisdictional
reconsideration filed in due time after requirements for a case of unlawful detainer
judgment. Upon proper motion and the properly cognizable by the MTC.
payment of the full amount of the docket and
other lawful fees and the deposit for costs The MTC considered itself as having
before the expiration of the reglementary jurisdiction over the ejectment complaint and
period, the Court of Appeals may grant an disposed of the same in favor of petitioners.
additional period of fifteen (15) days only Said ruling was affirmed by the RTC. The
within which to file the petition for review. No Court of Appeals reversed the lower courts
further extension shall be granted except for and found the complaint to be one not for
the most compelling reason and in no case to unlawful detainer based on two (2) grounds,
exceed fifteen (15) days. namely: that the allegations fail to show that
petitioners were deprived of possession by
Since the unlawful detainer case was filed force, intimidation, threat, strategy or stealth;
with the MTC and affirmed by the RTC, and that there is no contract, express or
P a g e | 21
PROPERTY CASES: OWNERSHIP
implied, between the parties as would qualify to the expiration of the right to possess by
the case as one of unlawful detainer. virtue of any express or implied contract.
We disagree with the Court of Appeals. The emphasis placed by the Court of Appeals
on the presence of a contract as a requisite to
The complaint for unlawful detainer contained qualify the case as one of unlawful detainer
the following material allegations: contradicts the various jurisprudence dealing
on the matter.
....
In Javelosa v. Court of the Appeals,10 it was
3. That plaintiffs are the owners of Lot No. 2, held that the allegation in the complaint that
which is covered by T.C.T. No. 36466 of the there was unlawful withholding of possession
Register of Deeds of Mandaue City, Lot No. 1- is sufficient to make out a case for unlawful
A which is covered by T.C.T. No. 36467 of the detainer. It is equally settled that in an action
Register of Deeds of Mandaue City and Lot No. for unlawful detainer, an allegation that the
86-A which is covered by T.C.T. No. 36468 of defendant is unlawfully withholding
the Register of Deeds of Mandaue City, all possession from the plaintiff is deemed
situated in the City of Mandaue. Copies of sufficient, without necessarily employing the
said Transfer Certificate of Titles are hereto terminology of the law.11
attached as Annexes "A", "B", and "C"
respectively and made an integral part hereof; Hence, the phrase "unlawful withholding" has
been held to imply possession on the part of
4. That defendant Elizabeth Ong is the defendant, which was legal in the beginning,
previous registered owner of said lots; having no other source than a contract,
express or implied, and which later expired as
5. That as the previous registered owner of a right and is being withheld by
said lots, defendant Elizabeth Ong and her defendant.12 In Rosanna B. Barba v. Court of
husband and co-defendant Jerry Ong have Appeals,13 we held that a simple allegation
been living in the house constructed on said
lots; that the defendant is unlawfully withholding
possession from plaintiff is sufficient.
6. That on May 6, 1995, plaintiffs, through the
undersigned counsel, wrote defendants a Based on this premise, the allegation in
letter informing them or their intent to use the Complaint that:
said lots and demanded of them to vacate said
lots within 30 days from receipt of said letter. . . . . despite demand to vacate, the defendants
Copy of said letter is hereto attached as Annex have refused and still refuse to vacate said
"D" and made an integral part thereof; lots, thus, unlawfully withholding possession
of said lots from plaintiffs and depriving
7. That despite demand to vacate, the plaintiffs of the use of their lots;14
defendants have refused and still refuse to
vacate said lots, thus, unlawfully withholding is already sufficient to constitute an unlawful
possession of said lots from plaintiffs and detainer case.
depriving plaintiffs of the use of their lots;
In the subject complaint, petitioners alleged
8. That in unlawfully withholding the that they are the registered owners of the lots
possession of said lots from the plaintiffs, covered by TCT Nos. 36466, 36467 and
plaintiffs have suffered damages in the form of 36468. By their implied tolerance, they have
unearned rentals in the amount of ₱10,000.00 allowed respondents, the former owners of the
a month properties, to remain therein. Nonetheless,
they eventually sent a letter to respondents
. . . .8 asking that the latter vacate the said lots.
Respondents refused, thereby depriving
Well-settled is the rule that what determines petitioners of possession of the lots. Clearly,
the nature of an action as well as which court the complaint establishes the basic elements
has jurisdiction over it are the allegations of of an unlawful detainer case, certainly
the complaint and the character of the relief sufficient for the purpose of vesting
sought.9 jurisdiction over it in the MTC.
Respondents contend that the complaint did Respondents would like to capitalize on the
not allege that petitioners’ possession was requisites as cited in the case of Raymundo
originally lawful but had ceased to be so due dela Paz v. Panis.15 But the citation is a mere
reiteration of Sec. 1, Rule 7016 of the Rules of
P a g e | 22
PROPERTY CASES: OWNERSHIP
Court. The case doesid not provide for rigid of respondents’ present ownership. This is
standards in the drafting of the ejectment meant only to establish one of the necessary
complaint. The case of Co Tiamco v. elements for a case of unlawful detainer,
Diaz17 justifies a more liberal approach, thus: specifically the unlawful withholding of
possession. Petitioners, in all their pleadings,
. . . The principle underlying the brevity and only sought to recover physical possession of
simplicity of pleadings in forcible entry and the subject property. The mere fact that they
unlawful detainer cases rests upon claim ownership over the parcels of land as
considerations of public policy. Cases of well did not deprive the MTC of jurisdiction to
forcible entry and detainer are summary in try the ejectment case.
nature, for they involve perturbation of social
order which must be restored as promptly as Even if respondents claim ownership as a
possible and, accordingly, technicalities or defense to the complaint for ejectment, the
details of procedure should be carefully conclusion would be the same for mere
avoided.18 assertion of ownership by the defendant in an
ejectment case will not therefore oust the
Moreover, petitioners fail to mention any of municipal court of its summary
the incidents of the pending case involving the jurisdiction.21 This Court in Ganadin
annulment of deed of sale and title over said
property. Petitioners know better than to v. Ramos22 stated that if what is prayed for is
question this in an ejectment proceeding, ejectment or recovery of possession, it does
which brings us to the nature of the action in not matter if ownership is claimed by either
this case. party. Therefore, the pending actions for
declaration of nullity of deed of sale and
Respondents insist that the RTC, and not the Transfer Certificates of Title and quieting of
MTC, had jurisdiction over the action, it being title in Civil Case No. MAN-2356 will not abate
an accion reivindicatoriaaccording to them, on the ejectment case.
the ground that petitioners were constantly
claiming ownership over the lands in the guise In Drilon v. Gaurana,23 this Court ruled that
of filing an action for ejectment. In the filing of an action for reconveyance of title
their Comment,19 respondents maintain that over the same property or for annulment of
they occupy the subject lots as the legal the deed of sale over the land does not divest
owners. Petitioners, on the other hand, are the MTC of its jurisdiction to try the forcible
seeking recovery of possession under a claim entry or unlawful detainer case before it, the
of ownership which is tantamount to recovery rationale being that, while there may be
of possession based on alleged title to the identity of parties and subject matter in the
lands, and therefore is within the original forcible entry case and the suit for annulment
jurisdiction of the RTC, so respondents of title and/or reconveyance, the rights
conclude. asserted and the relief prayed for are not the
same.24
This contention is not tenable.
In Oronce v. Court of Appeals,25 this Court held
The issue involved in accion reivindicatoria is that the fact that respondents had previously
the recovery of ownership of real property. filed a separate action for the reformation of a
This differs from accion publiciana where the deed of absolute sale into one of pacto de
issue is the better right of possession or retro sale or equitable mortgage in the same
possession de jure, and accion
interdictal where the issue is material Court of First Instance is not a valid reason to
possession or possession de facto. In an action frustrate the summary remedy of ejectment
for unlawful detainer, the question of afforded by law to the plaintiff. Consequently,
possession is primordial while the issue of an adjudication made in an ejectment
ownership is generally unessential.20 proceeding regarding the issue of ownership
should be regarded as merely provisional and,
Neither the allegation in petitioners’ complaint therefore, would not bar or prejudice an action
for ejectment nor the defenses thereto raised between the same parties involving title to the
by respondents sufficiently convert this case land. The foregoing doctrine is a necessary
into an accion reivindicatoria which is beyond consequence of the nature of forcible entry
the province of the MTC to decide. Petitioners and unlawful detainer cases where the only
did not institute the complaint for ejectment issue to be settled is the physical or material
as a means of claiming or obtaining ownership possession over the real property, that is,
of the properties. The acknowledgment in their possession de facto and not possession de
pleadings of the fact of prior ownership by jure.
respondents does not constitute a recognition
P a g e | 23
PROPERTY CASES: OWNERSHIP
The Court reiterated this in the case of Tecson SECOND DIVISION
7
v. Gutierrez26 when it ruled:
G.R. No. 127382 August 17, 2004
We must stress, however, that before us is
only the initial determination of ownership DR. JESUS SERIÑA and ENRIQUETA
over the lot in dispute, for the purpose of SERIÑA (deceased), represented by DR.
settling the issue of possession, although the JESUS SERIÑA, JR., ANTONIO SERIÑA,
issue of ownership is inseparably linked VIOLETA SERIÑA TAN, REYNALDO SERIÑA
thereto. As such, the lower court's and EMMANUEL SERIÑA, petitioners,
adjudication of ownership in the ejectment vs.
case is merely provisional, and our affirmance VICTOR CABALLERO, TEODORO DONELA,
of the trial courts' decisions as well, would not OLIVER DONELA, COURT OF APPEALS, and
bar or prejudice an action between the same THE HONORABLE REGIONAL TRIAL
parties involving title to the property, if and COURT, BRANCH 20, MISAMIS
when such action is brought seasonably ORIENTAL, respondents.
before the proper forum.
Misamis Oriental
P a g e | 24
PROPERTY CASES: OWNERSHIP
Area - 2.5000 has. Emiliana Ibarat, respondent Caballero’s sister,
testified that when Eustaquio Caballero died
Boundaries: in 1944, the land was divided among his three
children, Vicenta, Benita and Victorino, the
North - Alejo Seriña father of respondent Caballero. Lot A, with an
area of 39,625 square meters, was given to
South - T. Sabornido Victorino, which was later inherited by the
respondent. Lot B, with an area of 71, 450
East - A. Seriña & T. Sabornido square meters, was given to Benita; and Lot C,
with only 7,938 square meters was given to
West - F. Caballero3 Vicenta. Lots B and C were, thereafter, sold to
one Gaga Yasay. Because of the trouble
between the petitioners and the respondents,
The petitioners averred that sometime in
Yasay agreed to buy only a portion of Lot A.11
March 1982, they discovered that respondent
Caballero was claiming ownership over the
said land and offering it for sale or mortgage The land was surveyed during the trial and it
to third parties. They also discovered that the was determined that it now consisted of only
respondents Donelas were occupying the land 23,373 square meters,12and not 25,000
as tenants and caretakers of the land. 4 square meters as claimed by the petitioners.
Gliceria Legaspi, respondent Caballero’s other
sister, also testified that the disputed land
The petitioners claimed that their father, Dr.
was now bounded on the North by Seriña and
Seriña, bought the land from Lucia Vda. de
Nangcas, on the East by Teofilo Saburnido, on
Marbella who inherited it from her father,
the South by Gaga Yasay, and on the West by
Ramon Neri.5 They presented a Deed of
Nangcas.13
Sale6 dated August 23, 1947 showing that Dr.
Seriña bought 5 hectares of ricefield, bounded
on the North by Raymundo Seriña, on the The RTC rendered judgment14 on January 21,
East by Teofilo Saburnido, on the South by 1992, dismissing the complaint, and
Obdelio Caballero, on the West by Obdullo upholding the right of the respondents over
Caballero, from Lucia Vda. de Marbella. Dr. the land. The dispositive portion reads:
Seriña was issued Tax Declaration No. 4029
allegedly for the said property. As indicated in WHEREFORE, judgment is hereby
the tax declaration and subsequent tax rendered in favor of the defendant
declarations issued in the name of Dr. Seriña, Victor Caballero and against the
they were issued for Cadastral Lot No. 3533 plaintiffs herein, to wit:
and covered a 2.5-hectare ricefield with the
same boundary owners as those in the 1. Ordering the dismissal of the
complaint.7 The petitioners also averred that complaint with costs.
they regularly paid taxes thereon since 1947
up to the present.8 2. Ordering the defendant Victor
Caballero as the absolute and lawful
In his answer, respondent Caballero alleged owner and possessor of the land in
that he was the lawful owner, and had been in question.
actual physical possession of the disputed
land since time immemorial. He averred that 3. Ordering the plaintiffs, their heirs,
the disputed land is part of Cadastral Lot No. lawyers, servants or privies not to
3533, C-7 of the Cagayan Cadastre and disturb or molest the possession and
originally owned by his grandfather, ownership of Victor Caballero over the
Eustaquio Caballero.9 land in question.
On the other hand, the Deed of Sale provides Moreover, Tax Declaration No. 2442 covers an
that the property sold to them has the area of 119,490 square meters30 while Tax
following boundaries: Declaration No. 4029 covers only 25,000
square meters or 2.5 hectares.31
North - Raymundo Seriña
The petitioners argue that the Deed of Sale
South - Obdullo Caballero and Tax Declaration No. 4029 should not be
compared to Tax Declaration No. 2442 and the
East - Teofilo Saburnido Technical Description of Cadastral Lot No.
3533 because the former refers only to a
West - Obdullo Caballero23 portion of the area referred to by the
latter.32 While the petitioners are correct on
Second. The complaint24 of the petitioners this point, such mistake would still not justify
states that the property they are claiming has a different conclusion. The fact remains that
an area of 2.5 hectares. On the other hand, the documentary and testimonial evidence
the Deed of Sale25 provides that the subject presented by the petitioners did not prove the
property has an area of 5 hectares. identity of the land being claimed. The
petitioners did not present evidence to prove
Third. The complaint alleged that the property that the land registered in the name of
is located in "Mantadiao, Opol, Misamis Eustaquio Caballero was sold to Lucia Vda. de
Oriental,"26 while the Deed of Sale shows that Marbella or her predecessor-in-interest from
the property purchased is located in whom they purchased the land subject of their
"Puntakon, Igpit, Cagayan Or. Misamis."27 complaint.
Hence, the owner of the lower lands can not For the above reasons, and accepting the
erect works that will impede or prevent such findings of the court below in the judgment
an easement or charge, constituted and appealed from in so far as they agree with the
imposed by the law upon his estate for the terms of this decision, we must and do hereby
benefit of the higher lands belonging to declare that the defendant, Higino Meneses,
different owners; neither can the latter do as the owner of the servient estate, is obliged
anything to increase or extend the easement. to give passage to and allow the flow of the
waters descending from the Calalaran Lake
According to the provisions of law above and from the land of the plaintiffs through his
referred to, the defendant, Meneses, had no lands in Paraanan for their discharge into the
right to construct the works, nor the dam Taliptip River; and he is hereby ordered to
which blocks the passage, through his lands remove any obstacle that may obstruct the
and the outlet to the Taliptip River, of the free passage of the waters whenever there may
waters which flood the higher lands of the be either a small or large volume of running
plaintiffs; and having done so, to the water through his lands in the sitio of
detriment of the easement charged on his Paraanan for their discharge into the Taliptip
estate, he has violated the law which protects River; and in future to abstain from impeding,
and guarantees the respective rights and in any manner, the flow of the waters coming
regulates the duties of the owners of the fields from the higher lands. The judgment appealed
in Calalaran and Paraanan. from is affirmed, in so far as it agrees with
decision, and reversed in other respects, with
It is true that article 388 of said code the costs of this instance against the
authorizes every owner to enclose his estate appellants. So ordered.
by means of walls, ditches fences or any other
device, but his right is limited by the easement Carson, Willard and Tracey, JJ., concur.
imposed upon his estate.