(3) DIRECTING DEFENDANT-APPELLEE CATALINO MADERAZO TO DELIVER TO SAID PLAINTIFF-APPELLANT THE POSSESSION OF AFORESAID LAND, TO VACATE THE SAME AND TO PAY THE COSTS. 25811 in his name from Tito Oriendo, who declared it for taxation in 1949 under tax declaration No. 1. On the other hand, the parcel of land purchased on August 30, 1954 by the late Igmedio Maderazo from Tito Oriendo for P150 was assessed in 1949 at P30 per Tax Declaration No. How to Find Your CC&Rs 3201 Views. 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. Defendant, Igmedio Maderazo, having proved by preponderance of evidence that he was in the material and physical possession of the land for more than one year immediately preceding the filing of the action on July 28, 1956, he has now the security that entitles him to stay in the property until he is lawfully ejected by a person having a better right by either accion publiciana or accion reivindicatoria. AFFIDAVIT OF ADVERSE CLAIM. From the pleadings, the following facts are clear, to wit: that the land in question described in the complaint was bought by Igmedio Maderazo (deceased), the original defendant and later substituted by his son, the present defendant, from one Tito Oriendo by virtue of a Deed of Sale, marked as Exhibit "A", (page 110 of the Expediente). In the absence of a just title or good faith, ownership of immovables can be acquired by extraordinary prescription thru an uninterrupted adverse possession of thirty (30) years (Art. Why don't libraries smell like bookstores? The testimony of the defendant and his witness (Cresencia Oriendo) is more coherent, straightforward and clear. It was not signed by Teodoro Lagustin, the alleged commissioner of the plaintiff. 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 … Adverse Possession Statute Time Required (in Years) for Continuous Possession In Order to Make an Adverse Possession Claim, You must have… Alabama. Title to land is acquired by adverse possession as a result of the lapse of the Statute of Limitations for Ejectment, which bars the commencement of a lawsuit by the true owner to recover possession of the land. Commissioner for the Plaintiff, (SGD.) Adverse possession has two kinds namely: Ordinary Acquisitive Prescription which requires possession of things in good faith and with just title for the time fixed by law which is 10 years. CONSTANCIO M. MARTE 11. 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. 134, and other cases). The commissioner also found out that the land in question is within the jurisdiction of Boac, Marinduque, February 12, 1968. 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) DECLARING PLAINTIFF-APPELLANT IGNACIA NEGRETE AS OWNER OF THE LAND OF ABOUT NINE (9) HECTARES DESCRIBED IN HER COMPLAINT, AND. As the buyer, he knew what lot was sold to him. 526, Civil Code of the Philippines). 1117, Civil Code of the Philippines). It’s called adverse possession. Section 13 (2) (a) of the 1957 Act, provides that this period is 12 years from the time of accrual of such right. 16117 and is described in the deed of sale, Exhibit "A", as "the southern HALF(½) PORTION containing approximately 3,700 square meters without any improvements thereon of that parcel of coconut-forest land situated in Barrio Puyog, Boac, Marinduque, and which ONE-HALF SHARE is to be bounded on the north: by the rest of the lot; east: Sofia Oriendo; south: Pedro Oriendo; and west: estero, delimited by madre cacao trees" (p. 33, rec.). (3) in holding that defendant-appellee acquired the land through ordinary acquisitive prescription by virtue of "his possession in good faith for the period of ten (10) years, and in not declaring that defendant-appellee's possession was interrupted by the forcible entry suit she instituted on July 28, 1956 in the municipal court of Mogpog. Commissioner of the Court, TEODORO LAGUSTIN Adverse possession is a legal doctrine that allows a person to claim a property right in land owned by another. All Rights Reserved. With adverse possession, someone gains title (ownership) to the real estate by continuously occupying it for a certain length of time. 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. 202, 205. You may be surprised to learn, that under certain circumstances, a trespasser can come onto your land, occupy it, and gain legal ownership of it. Plaintiff-appellant argues that the deed of sale in favor of defendant-appellee clearly describes the land as the it "southern Half (½) portion containing approximately 3,700 square meters ... situated in Barrio Puyog, Boac, Marinduque," and that this parcel is about 3 kilometers from the poblacion of Boac (p. 10, rec. Alaska. Encroachment of long-standing use may result to an easement right by prescription or adverse possession. What Your HOA Should Know About … How long do you have to live if your larynx is broke? Defendant-appellee included in his brief an alleged report dated February 12, 1968 and purportedly signed by commissioners Constancio M. Marte allegedly representing the court, Teodoro Lagustin allegedly representing the plaintiff and Igmedio Maderazo allegedly for himself, stating that on their ocular inspection of the questioned land on February 12, 1968, they. 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 begins when an individual or entity takes, uses or otherwise occupies land that legally belongs to someone else. 8431 and 8645 particularly describe the questioned parcel of land as bounded on the north by Benito Luisaga and Pantaleon Oriendo; east, by Toribio Orlinga, Eustaquio Logmao, Hilarion Bunag and B. Linga; south, by Boac river, Modesto Lazo and Tomas Malimata and west, Benito Luisa-Nazario Malimata, Pedro Luisaga and Hilarion Buñag (p. 26, rec.). 26-28, rec.). Ala. Code Ann. 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. There is no dispute as to the identity of the land subject-matter of the instant suit. ; p. 2, CFI decision). This could not have been intended by the legislature; because forged deeds of conveyance could be conveniently interposed to oust the true owner from a land by adverse possession of only ten (10) years. 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. It is a well-settled principle that a party claiming adverse possession must prove that his possession is "nec vi, nec clam, nec precario", that is, peaceful, open and continuous. (2) Where it has been usually cultivated or … Defendant-appellee could not therefore assert good faith in possessing the disputed lot; consequently, adverse possession of ten (10) years would not suffice. Right to possession or jus possidendi—possession de facto; incident of ownership2. A deed of sale, to constitute a just title and to generate good faith for the ordinary acquisitive prescription of ten (10) years, should refer to the same parcel of land, which is adversely possessed. What is the governing adverse possession in the Philippines. land and it had to be in possession of the "squatter" prior to June On October 17, 1968, defendant-appellee Igmedio Maderazo died and was substituted on January 4, 1969 by his legal representative, Catalino Maderazo (p. 35, rec. 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. Moreover, the present defendant (and his father who bought the land in 1954) has been in possession of the land since 1954 and therefore even if there was a flaw in their title, the defendant would still have acquired the land by virtue of acquisitive prescription, having possessed the land in good faith within a period of ten (10) years. There was an ocular inspection made by the Chief of Police of Mogpog when the same land was litigated there. Restituto J. Opis for defendants-appellants. and covered by Tax Declaration No. 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 "real actions over immovables prescribe after thirty years ... without prejudice to what is established for the acquisition of ownership and other real rights by prescription. The two parcels have different boundary owners. Adverse possession is a legal principle that grants a person ownership of land owned by someone else if the person meets certain requirements. IN VIEW OF THE FOREGOING, this Court finds that the defendant has not unlawfully entered the land in dispute on January 7, 1956 as alleged by the plaintiffs, he being in the material and physical possession of the said land prior to the date of the incident. 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. The top court referred to the "doctrine of adverse possession", under which a person … Said report was prepared obviously to sustain the position of defendant-appellee. ... Philippines: Where to register a homeowners’ association 5601 Views. or pp. 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." Vol. 8431 over which they allege possession incident to ownership, but then, the only issue on the instant case is possession de facto (possession for one year prior to the institution of the action) and not possession de jure incident to ownership. Hence, not being a possessor in good faith, defendant-appellee Catalino Maderazo can acquire ownership over the disputed parcel of land of about nine (9) hectares belonging to plaintiff-appellant only by extraordinary acquisitive prescription thru an uninterrupted adverse possession of thirty (30) years (Art. Of course, this does not mean that the possessor must be on the land for 24 hours a day, seven days a week, 365 days a year. and therefore of great potential value. (2) It was established that Juan and Sotera as well as their father Felipe Cano possessed the land "in the neighborhood" of the disputed pasture land. The disputed land of about nine (9) hectares is described in tax declaration Nos. NEW DELHI: The Supreme Court has held that a person who has acquired right over a property as it was in his possession for 12 years can file a suit to re-claim it in case of forced dispossession by the original owner or any other party. 537, 546; emphasis supplied. The lot of defendant-appellee is only about 3,700 square meters and situated in Barrio Puyog, Boac. Gorman v City of Woodinville, 175 Wn.2d 68, 283 P.3d (2012). "A" or Annex "C", p. 33, rec.). To repeat, the land of plaintiff-appellant is about nine (9) hectares and located in Sitio Puting Buhangin, Mogpog. Plaintiff-appellant in her brief maintains that the longer court erred: (1) in not declaring that the deed of sale executed on August 30, 1954 by Tito Oriendo in favor of defendant-appellee Igmedio Maderazo refers to a different parcel of land situated in Barrio Puyog, Municipality of Boac, Marinduque, while the disputed parcel is situated in Barrio Puting Buhangin, Mogpog, Marinduque; (2) in admitting the said deed of sale as evidence of defendant-appellee's title and possession in good faith of the land in question; and. The Law on Adverse Possession (Squatters' Rights) Welcome to the Official Law Sessions Youtube Channel. The rule follows from the reasoning that title acquired by adverse possession is inchoate … Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period of time, as defined by a statute of limitations. Moreover, there is no intimation in the record that vendor Tito Oriendo testified either in the forcible entry case before the municipal court, of Mogpog or in the reivindicatory action before the Court of First Instance of Marinduque that he owned a parcel of land situated in Puting Buhangin, Mogpog, Marinduque, or that the land he sold to the defendant-appellee is in Sitio Puting Buhangin, Mogpog, Marinduque. In the last 12 months 3 of homeowner association clients have dealt with owners claiming adverse possession on portions of common property. The crucial issue therefore is whether the deed of sale executed by Tito Oriendo on August 30, 1954 in favor of the late Igmedio Maderazo could be considered as a valid basis for good faith and as a just title, in order to justify the acquisition of the disputed parcel of about 9 hectares by ordinary prescription thru adverse possession of only 10 years. 35-36, rec.). 36, 43, rec.). Dinapulan, Boac, Marinduque, now and hereafter referred to as the VENDOR. 29-32, rec.). (Moran. 1137, Civil Code of the Philippines). 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.). If said appellee's position were to be sustained, it would be easy for anyone to acquire ownership of an untitled land belonging to another person by adverse possession of only ten (10) years on the basis of a document of sale covering a distinct parcel executed by a person who is a stranger to the land. Puting Buhangin, Boac, Marinduque, now and hereafter referred to as the VENDEE, and TITO ORIENDO, 55 years of age, married to Bonifacia Lazo, with residence and postal address at Bo. According to attorney Harry J. Garrity, government bodies favor the use of land over disuse.An article by Harvard Law School's William C. Marra mentions this reasoning, as well as four related … Concepcion, C.J., Castro, Fernando, Barredo, Antonio and Esguerra, JJ., concur. 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. 10 (deed or taxes) A document or deed, or paid taxes on the property during this time period. Hence, the … In the absence of a just title or good faith, ownership of immovables can be acquired by extraordinary prescription thru an uninterrupted adverse possession of thirty (30) years (Art. ), while the parcel of land in question is situated in Sitio Puting Buhangin, Municipality of Mogpog, far from the parcel of land sold to Igmedio Maderazo. The deed of sale, executed and signed by Tito Oriendo as vendor and defendant-appellee Igmedio Maderazo as vendee, was notarized on August 30, 1954 by the municipal judge of Boac and stipulates: This DEED, made and executed by and between EGMIDIO MADERAZO, 48 years of age, a citizen of the Philippines, married (to) Cresenciana Oriendo with residence and postal address at Bo. The only question to be resolved now is: Did the defendant through force, strategy and stealth, unlawfully enter(ed) this land on January 7, 1956, thereby depriving the plaintiffs of its lawful possession? Determination is not impugned by the parties it for taxation in 1949 under tax declaration Nos..... Under tax declaration No 3,700 square meters and situated in Barrio Puyog of Boac, 1968 in the year at! Oriendo, who declared it for taxation in 1949 under tax declaration No Bernardo et,. Is void lacks basis in law and fact adverse possessor over the …. 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