Coronel Vs Iac

Coronel vs Intermediate Appellate Court
G.R. No. 70191

October 29, 1987
Gutierrez, JR., J.:
Facts:
Rodolfo Coronel filed a complaint for recovery of possession of a parcel of
land registered under his name. The complaint was filed against the private
respondents before the Court of First Instance of Cavite. Coronel alleged in his
complaint that at the time he purchased the parcel of land, the private respondents
were already occupying a portion of the land as tenants at will and that despite
demands to vacate the premises, the respondents failed and refused to move out of
the land. In their Answer, the respondents denied that Coronel was the owner of the
whole parcel of land and alleged that the lots occupied by them form part of an
undivided share of Brigido Merlan and Jose Merlan, respondents, which they
inherited from their deceased father, one of the three heirs of Bernabela Lontoc, the
original owner of lot 1950-A of the estate; that the Merlan brothers never sold their
share to anybody; that Coronels claim of ownership of the whole parcel of land is
fraudulent, void, and without effect; and that the other defendants were legitimate
tenants. In their Third-Party Complaint, the defendants charged that the third-party
defendants, owners of the remaining portion of Lot No. 1950-A, defrauded them
when they sold the entire parcel. Third-Party Defendants Marcelo Novelo, Paz Anuat
Daniel Anuat and Rosario Cailao, the defendants' co-owners of Lot No. 1950-A,
denied that they had something to do with the fraudulent acts or illegal
machinations which deprived the defendants of their share in the subject parcel of
land, and that what they sold was only their 2/3 undivided shares in said parcel.
Lower court ruled in favor of the defendants and on appeal, the lower court's
decision was affirmed with modification by the then IAC.
Issue:
WON the claim of private respondents to the land in question is barred by the
statute of limitation or by estoppel by laches?
Ruling:
No.
In dispute in the instant case is the 2/8 share of Bernabela Lontoc which is
equivalent to 12,189 square meter of the 48,755 square meter lot of the Naic
Estate. When Lontoc died in 1945, she was survived by three sets of heirs: 1)
Bernardino Merlan; 2) Jose Merlan and Brigido Merlan; and 3) Daniel Anuat and Paz
Anuat. In 1950, Bernardino Merlan, Daniel Anuat and Paz Anuat sold their 2/3
undivided portion of the lot to spouses Ignacio Manalo and Marcela Nobelo.
Sometime in 1970, Ignacio Manalo sold his interest in Lot 1950-A to Mariano Manalo.
Considering these facts, it is evident that the private respondents never sold their
1/3 share over Lot No. 1950-A of the Naic Estate; and that what their co-owners sold
to Ignacio Manalo was their 2/3 share of the same lot. Moreover, private
respondents Brigido Merlan and Jose Merlan were in open, peaceful and adverse
possession of their 1/3 share over the lot even after 1950 when the first sale of the
lot took place. The first time they knew about Coronel's claim over the whole lot was
when they were served a copy of his complaint in 1975.
The petitioner contends that the claim of the private respondents over their
1/3 undivided portion of Lot No. 1950-A 25 years after the registration of the deed of
sale in favor of Ignacio Manalo in 1950 and more than five (5) years after the
registration of the deed of sale in favor of Mariano Manalo is barred by prescription
or laches. According to him, there was undue delay on the part of the private
respondents to claim their 1/3 portion of Lot No. 1950-A of the Naic Estate and that
the action for annulment should have been brought within four (4) years (Art. 1391,
New Civil Code) counted from the date of the registration of the instrument.
The counterclaim of the private respondents which was in effect a
reconveyance to them of their 1/3 undivided share over lot No. 1950-A has not
prescribed. As lawful possessors and owners of the lot in question their cause of
action falls within the settled jurisprudence that an action to quiet title to propertyin one's possession is imprescriptible, Their undisturbed possession over a period of
more than 25 years gave them a continuing right to seek the aid of a court of equity
to determine the nature of the adverse claim of a third party and the effect of his
own title. It was only at that time that, the statutory period of prescription may be
said to have commenced to run against them. In the same manner, there is no bar
based on laches to assert their right over 1/3 of the disputed property. "Laches has
been defined as the failure or neglect, for an unreasonable and unexplained length
of time, to do that which by exercising due diligence could or should have been
done earlier; it is negligence or omission to assert a right within a reasonable time,
warranting a presumption that the party entitled to assert it either has abandoned it
or declined to assert it. The facts of the case show that the private respondents
have always been in peaceful possession of the 1/3 portion of the subject lot,
exercising ownership thereto for more than 25 years disrupted only in 1975 when
the petitioner tried to remove them by virtue of his torrens title covering the entire
Lot 1950-A of the Naic Estate. It was only at this point that private respondents
knew about the supposed sale of their 1/3 portion of Lot 1950-A of the Naic Estate
and they immediately resisted.

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Coronel vs Intermediate Appellate Court

G.R. No. 70191

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