adverse possession philippines

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). 9-10, appellant's brief). Adverse possession is a legal principle that grants a person ownership of land owned by someone else if the person meets certain requirements. The Lawphil Project - Arellano Law Foundation. 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. Subscribe NOW. 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. 2 Ortiz vs. Fuentebella, 27 Phil. 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.). In the last 12 months 3 of homeowner association clients have dealt with owners claiming adverse possession on portions of common property. 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. This 9-hectare land is near the Marcopper Mines (p. 8, rec.) 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 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 his answer dated April 11, 1967 defendant-appellee averred that since liberation, he had been in possession of the northern portion of the questioned parcel of land and cultivated and introduced improvements on the same consisting of coconut trees and "boxes of rice paddies"; that, asserting ownership over the said northern portion and prohibiting anyone from cultivating the same, he specifically denies threatening the plaintiff or anyone else with physical harm; that he bought for P150.00 on August 30, 1954 the northern portion of about 3,700 square meters (Exhibit "A" states "the southern half (½) portion") which is now covered by tax declaration No. Defendant-appellee does not even insinuate that Barrio Puting Buhangin of Mogpog is adjacent to Barrio Puyog of Boac. 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? Copyright © 2020 Multiply Media, LLC. As a matter of fact, defendant-appellee did not controvert the claim of plaintiff-appellant that Barrio Puyog is three kilometers from the town proper of Boac, Marinduque (pp. found out that the attached Sketch is the land in questioned as the plaintiff declared in the person of Miguel Malapit; and on the other hand the defendant and at the same time commissioner Igmedio Maderazo declared that the names stated in the said sketch are the persons in possession of each parcel with the approximate area of each. 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. 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. Concepcion, C.J., Castro, Fernando, Barredo, Antonio and Esguerra, JJ., concur. Said parcel of land was purchased by the defendant on August 30, 1954 (Exhibit ("A"). 29-32, rec.). 8431. The nullity of the greater part of her title is not sufficient argument to prove that she knew of the defect in her mode of acquisition of a tract of land as belonging to Juan and Sotera Cano, when it is now demonstrated in this case that neither Sotera, nor Juan Cano, nor even their father Felipe Cano, had at any time possessed it, but another tract in the neighborhood, possession whereof might easy have caused error on the part of the purchaser. As the buyer, he knew what lot was sold to him. 2. Restituto J. Opis for defendants-appellants. Extraordinary Acquisitive Prescription which is the acquisition of ownership and other real rights without the need of title or of good faith or any … Republic of the PhilippinesSUPREME COURTManila. 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. it. 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. The plaintiff contends that the deed of sale (Exhibit "1", for the plaintiff and Exhibit "A", for the defendant) is void ab initio because it lacked the formalities required by law, and that the possession of the defendant by virtue of the sale made him (defendant) a mere trustee and therefore neither prescription nor laches may be set up as a defense by him. (SGD.) The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply. Common examples of adverse possession include continuous use of a private road or driveway, or agricultural development of an unused parcel of land. 1137, Civil Code of the Philippines). Said report was prepared obviously to sustain the position of defendant-appellee. (2) Where it has been usually cultivated or … 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. 8431 (p. 43, rec. The contention of the plaintiff that the deed of sale is void lacks basis in law and fact. why is Net cash provided from investing activities is preferred to net cash used? 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