The Lawphil Project - Arellano Law Foundation. There is good faith because the defendant's possession of the land is by virtue of a deed of sale (pp. 43-44, rec.). The institution by plaintiff-appellant of the action for recovery of ownership of the land in question on January 18, 1967, after only about 13 years from 1954, interrupted the running of the prescriptive period of thirty (30) years (Art. The disputed land of about nine (9) hectares is described in tax declaration Nos. WE ruled that "the essence of the bona fides or good faith, therefore, lies in honest belief in the validity of one's right, ignorance of a superior claim, and absence of intention to overreach another." But ordinary acquisitive prescription of immovables and other real rights thru adverse possession of ten (10) years, requires possession "in good faith and with just title for the time fixed by law" (Art. Texas' Most Infamous Adverse Possession Case. Concepcion, C.J., Castro, Fernando, Barredo, Antonio and Esguerra, JJ., concur. All Rights Reserved. There is good faith because the defendant's possession of the land is by virtue of a deed of sale" (p. 36, rec.). And precisely because neither Miguel Malapit nor Teodoro Lagustin, as commissioner for the plaintiff, signed the aforesaid alleged report, it was not submitted to the lower court, so that the trial court in its decision did not even remotely intimate about, much less approve, said alleged report. Defendant-appellee orally moved to dismiss the ejectment complaint on the grounds of lack of cause of action and improper venue, which motion to dismiss was denied by the court for lack of merit. Jose L. Desnarro Jr. for plaintiff-appellant. 526, Civil Code of the Philippines). 12, 1945. The only issue here to be resolved is whether or not the cause of action is barred by the statute of limitation and whether or not the plaintiff is guilty of laches for not having instituted her action within 10 years from the date the defendant acquired the property by deed of sale. Since he occupied the same for only about thirteen (13) years from 1954 until 1967, when his adverse possession was interrupted by the filing of the action for reivindicacion on January 18, 1967 (Art. However, defendant-appellee Catalino Maderazo insists that he has acquired ownership over the disputed parcel by ordinary prescription through adverse possession of only ten (10) years under Article 1134 of the Civil Code of the Philippines. After the trial, the municipal court rendered a decision dated September 15, 1956 in favor of defendant-appellee after finding that: There is no dispute as to the identity of the land alleged to have been unlawfully entered by the defendant. ... Philippines: Where to register a homeowners’ association 5601 Views. With adverse possession, someone gains title (ownership) to the real estate by continuously occupying it for a certain length of time. Consequently, the Supreme Court therein ruled: However it be, we do not regard as decisive the evidence presented to prove that the defendant's possession was in bad faith. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply. Commissioner of the Court, TEODORO LAGUSTIN 35-36, rec.). > An adverse claim of ownership over a parcel of land registered under the Torrens system based on prescription and adverse possession cannot be registered as an adverse claim—no title to registered land in derogation of the title of the registered owner shall be acquired by prescription or adverse possession. The action was therefore filed well within the period prescribed in Article 1141. The contention of the plaintiff that the deed of sale is void lacks basis in law and fact. Defendant on the other hand does not deny cultivating the land in the month of January, 1956, but he testified that he had been continuously cultivating the same land since 1951 when he bought certain portions of it and possessed the other portions as tenant of his brothers and sister-in-law. Adverse Possession Statute Time Required (in Years) for Continuous Possession In Order to Make an Adverse Possession Claim, You must have… Alabama. I,_____, of legal age, Filipino, (single / married / widow), and a resident of _____, Philippines, after having been sworn to in accordance with law depose and say: 1.On _____, I have entered into a Deed of Conditional Sale which was acknowledged on the same date before Notary Public … Said deed of sale was notarized by a Justice of the Peace (now Municipal Judge) and it is evident that all the essential elements of a contract are present, namely: (1) consent of the contracting parties (2) object certain which is the subject matter of the contract and (3) cause of the obligation which is established (Act 1319 New Civil Code). court decision) and 8645 in the name of plaintiff-appellant as situated in Barrio Puting Buhangin, Mogpog, Marinduque, and bounded thus: "North, Benito Luisaga and Pantaleon Oriendo; East, Toribio Linga, Eustaquio Logmao Hilarion Bunag and B. Linga; South, Boac River, Modesto Lazo and Tomas Malimata, and West, Benito Luisa-Nazario Malimata, Pedro Luisaga and Hilarion Bunag" (p. 26, rec.). Plaintiffs' testimony both oral and documentary, is to the effect that they have been in continuous and peaceful possession of the whole parcel of land under Tax Dec. No. Adverse possession is a legal doctrine that allows a person to claim a property right in land owned by another. x x x The witnesses for the defendant-appellee testified that indeed Modesto Palali's predecessors-in … Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle under which a person who does not have legal title to a piece of property — usually land (real property) — acquires legal ownership based on continuous possession or occupation of the property without the permission of its legal owner. (a) For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: (1) Where it has been protected by a substantial enclosure. Ala. Code Ann. The law defines a possessor in good faith as one who is not aware of any flaw in his title or mode of acquisition; and conversely, one who is aware of such a flaw is a possessor in bad faith (Art. Ann. Adverse possession or squatter's rights allows title to real property to be acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified time. The trial court found that defendant-appellee Catalino Maderazo (together with his late father, Igmedio Maderazo) has been in possession of the land since 1954 (p. 36, rec. In order to acquire property using adverse possession, you need to treat the property as if you own it by making improvements to the property and, in some states, paying taxes. The Law on Adverse Possession (Squatters' Rights) Welcome to the Official Law Sessions Youtube Channel. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith.” (1959a) In a decision dated May 22, 1969, the Court of First Instance of Marinduque rendered the following decision dismissing the case, thus: ... On January 21, 1969, the Court gave the parties time to file their respective memoranda after the parties agreed to submit the case for judgment based on their pleadings. (2) Where it has been usually cultivated or … 1. Defendant-appellee could not therefore assert good faith in possessing the disputed lot; consequently, adverse possession of ten (10) years would not suffice. Extraordinary Acquisitive Prescription which is the acquisition of ownership and other real rights without the need of title or of good faith or any … And having signed as vendee the deed of sale in his favor, he is conclusively presumed to have read the deed of sale, which clearly states that the southern half (½) portion containing an area of approximately 3,700 square meters, was the parcel he acquired from his vendor Tito Oriendo, which is located in Barrio Puyog, Boac, Marinduque. Supreme Court has held that the occupant can claim Adverse possession of land or property which has been in possession of him for 12 years or more without any interruption. Futhermore, defendant-appellee, in paragraph 2 of his answer to the complaint for recovery of ownership, admits that plaintiff-appellant "owns a piece of land at Puting Buhangin, Mogpog, Marinduque" (p. 29, rec.). 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