An adverse possessor who abandons possession prior to the expiry of the limitation period loses his entitlement to make a claim for adverse possession. ), 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. 1137, Civil Code of the Philippines). On the contrary, the claim of plaintiff-appellant that her nine-hectare parcel of land is within the Municipality of Mogpog and not within the Municipality of Boac, remains uncontroverted and is confirmed by her tax declaration Nos. and therefore of great potential value. Liens (Money Claim) -These are claims or charges against the property to provide security for a debt or obligation. 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. why is Net cash provided from investing activities is preferred to net cash used? 2. 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. Thereafter, defendant-appellee filed an answer asserting among others that the land he is presently cultivating in Sitio Puting Buhangin is a different land. In June of 2010, Kenneth Robinson made a claim of adverse possession to a $340,000 home in Flower Mound, Texas, by paying a $16 filing fee. 25811 in his name from Tito Oriendo, who declared it for taxation in 1949 under tax declaration No. (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. The law that addresses your situation is Article 1137 of the New Civil Code of the Philippines, which states: “Article 1137. In the case at bar, the deed of sale in favor of the deceased Igmedio Maderazo covers a parcel of land patently different from the disputed land owned by plaintiff-appellant as to area, location and boundary owners. (Pp. Said Tax Declaration Nos. (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. 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. (Exh. 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. 16117 in the name of the herein VENDOR; and that the parties hereto have agreed to record this instrument under Act 3344, the property involved not having been previously registered either under Act 496 or under the Spanish Mortgage Law; That the VENDOR does hereby covenant and agree with the VENDEE, his heirs and assigns, that he is lawfully seized in fee simple of the said one-half premises; that he has perfect right to convey the subject property, having adverse, physical and continuous possession and management over the same for more than 15 years; that it is free from all liens and encumbrances; and that he will warrant forever defend the title here in conveyed against the lawful claims of all persons whomsoever. 1395 for reivindicacion before the Court of First Instance of Marinduque (p. 26, rec.). 8431 (p. 43, rec. Right of possession or jus possessions—possession de jure; independent of ownership 10 (deed or taxes) A document or deed, or paid taxes on the property during this time period. 1137, Civil Code of the Philippines). 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. 2 Ortiz vs. Fuentebella, 27 Phil. Jose L. Desnarro Jr. for plaintiff-appellant. By favoring the adverse possessor over the true … Restituto J. Opis for defendants-appellants. IGMIDIO MADERAZO After finding that defendant-appellee Catalino Maderazo "has been in possession of the land since 1954," the trial judge concluded that "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. 3.1 In the absence of fraud, mistake or disability, a right of action for the recovery of land is barred following adverse possession by another for the duration of the statutory period. Copyright © 2020 Multiply Media, LLC. 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. The action was therefore filed well within the period prescribed in Article 1141. 8645 (annexed to the complaint as Exhibit "A"), having inherited the same from her late father Juan Negrete who was 150 years old when he died a year before the outbreak of World War II; that she and her predecessor-in-interest have been in possession of the same for about seventy (70) years; that shortly after liberation, defendant-appellee, claiming to be the owner thereof, entered the said land by means of force, intimidation, stealth and strategy and introduced improvements thereon consisting of about "100 coco trees and 28 boxes of rice paddies"; that until 1957 she repeatedly prohibited 8431 (which included the four hectares in dispute) since 1945, exercising acts of possession clearing the land and planting rice therein) until January 7, 1956, when defendant unlawfully entered the land and began cultivating it. 9-10, appellant's brief). Defendant-appellee Igmedio Maderazo himself conceded before the municipal court of Mogpog that the land he is cultivating, which is subject matter of the forcible entry suit, is in Puting Buhangin; although he alleges that it is different from the land claimed by the plaintiff-appellant (p. 43, rec.). A lien allows the creditor to have the property sold to satisfy the debt in case of default. To repeat, the land of plaintiff-appellant is about nine (9) hectares and located in Sitio Puting Buhangin, Mogpog. CONSTANCIO M. MARTE To spawn such a monstrosity in the law was never contemplated by the statute, which is designed to engender social quietude. To expedite the proceedings, the municipal court directed the chief of police of Mogpog to conduct an ocular inspection of the disputed land to determine whether the land area cultivated by the defendant-appellee is the same land claimed by the plaintiff-appellant as the northern portion of her land under Tax Declaration No. The top court referred to the "doctrine of adverse possession", under which a person … 1155, Civil Code of the Philippines), the claim of defendant-appellee is untenable. If the southern half is only about 3,700 square meters, the northern half must also be about 3,700 square meters, or the entire lot of Tito Oriendo is only about 7,400 square meters in area very much less than nine (9) hectares, the area of the questioned parcel. The disputed land of about nine (9) hectares is described in tax declaration Nos. Then again, it is not shown that the nine-hectare parcel of plaintiff-appellant is adjacent to the lot sold by Tito Oriendo to defendant-appellee Igmedio Maderazo. Defendant-appellee did not even submit any tax declaration or tax receipts in the name of his alleged vendor, Tito Oriendo, covering the disputed parcel of land of about nine (9) hectares. Through adverse possession, a trespasser can gain ownership of just a few feet of property or hundreds of acres. 134, and other cases). and covered by Tax Declaration No. 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. That for and in consideration of the sum of ONE HUNDRED FIFTY PESOS (P150.00), Philippine Currency, the receipt whereof hereby acknowledged to the entire satisfaction of the VENDOR, the said VENDOR does hereby, by this presents, SELL, TRANSFER, CONVEY, in a manner absolute and irrevocable, unto the VENDEE, his heirs and assigns, ONE-HALF (PRO-INDIVISO) SHARE of that certain real estate destined for agricultural purposes, heretofore under the actual possession and management of the VENDOR, which one-half share is more particularly bounded and described as follows: The southern HALF (½) PORTION containing approximately 3700 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 rest of the land; East: Sofia Oriendo; South: Pedro Oriendo; and West: Estero, delimited by madre cacao trees. Moreover, the alleged report states that Miguel Malapit represented the plaintiff. Dinapulan, Boac, Marinduque, now and hereafter referred to as the VENDOR. Adverse claim. 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. What is the governing adverse possession in the Philippines. There is good faith because the defendant's possession of the land is by virtue of a deed of sale (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." (2) Where it has been usually cultivated or … The law governing adverse possession in the Philippines states The commissioner also found out that the land in question is within the jurisdiction of Boac, Marinduque, February 12, 1968. The contention of the plaintiff that the deed of sale is void lacks basis in law and fact. WHEREFORE, this Court renders judgment in favor of the defendant and against the plaintiffs with costs against the plaintiffs. 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. The pasture land turned out to have a duly inscribed possessory information title in the name of Ramon Ortiz, father of Marcelina Ortiz, who in March, 1909, informed Asuncion by letter that her father Ramon Ortiz owns the said pasture land and requested Asuncion to desist from further introducing improvements thereon. All Rights Reserved. With adverse possession, someone gains title (ownership) to the real estate by continuously occupying it for a certain length of time. 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 case at bar, unlike Juan and Sotera Cano, there is no showing that Tito Oriendo erroneously believed in good faith that the disputed parcel of land of about nine (9) hectares belonging to the plaintiff-appellant is included in the deed of sale executed by him in favor of Igmedio Maderazo which sale covers only an area of 3,700 square meters, less than half a hectare. 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. 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. 1395 that he is a resident of Barrio Puting Buhangin, Mogpog, Marinduque (pp. 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. As a consequence, Asuncion Fuentebella took possession of said pasture land, built a house and introduced other improvements thereon. Appellee Maderazo admits in his answer in Civil Case No. Appellee Maderazo therefore was aware and knew that the land sold to him is situated in Barrio Puyog, Boac, and is only about 3,700 square meters (less than half a hectare in area, not the land of about nine (9) hectares in Barrio Puting Buhangin, Mogpog belonging to the plaintiff-appellant. When did organ music become associated with baseball? Extraordinary Acquisitive Prescription which is the acquisition of ownership and other real rights without the need of title or of good faith or any … The last element of an adverse possession is that the possessor must have uninterrupted possession of the land for the duration of the statutory period. Claiming that since 1945 she and her late husband had been in continuous and peaceful possession of a parcel of land with an area of nine (9) hectares more or less in Sitio Puting Buhangin, Mogpog, Marinduque (near the Marcopper Mines p. 8, rec.) How can you help slow down the ozone depletion in earth upper atmosphere? The deed of sale between Tito Oriendo and the father of the present defendant being a perfect deed of sale, the Court cannot agree to the allegation of the plaintiff that the defendant became a mere trustee by virtue of the deed of sale. 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. 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 legal term for this is "adverse possession." The disputed parcel contains an area of about nine (9) hectares, and is situated in Sitio Puting Buhangin, Mogpog, Marinduque, as shown in Tax Declaration No. The testimony of the defendant and his witness (Cresencia Oriendo) is more coherent, straightforward and clear. ... Philippines: Where to register a homeowners’ association 5601 Views. (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. 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. Why don't libraries smell like bookstores? Subscribe NOW. Defendant-appellee could not therefore assert good faith in possessing the disputed lot; consequently, adverse possession of ten (10) years would not suffice. The rule follows from the reasoning that title acquired by adverse possession is inchoate … Encroachment of long-standing use may result to an easement right by prescription or adverse possession. 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. 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. 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. In the last 12 months 3 of homeowner association clients have dealt with owners claiming adverse possession on portions of common property. Where a party has perfected an adverse possession claim prior to the governmental entity's acquisition of the property, the cause of action as to ownership is not barred. 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