Abalos Vs Torio

Abalos vs. Torio G.R. No.
17544
Facts:
Herein respondents filed a Complaint for Recovery of Possession and Damages with the Municipal Trial Court (MTC)
against Jaime Abalos and the spouses Felix and Consuelo Salazar.
Respondents contended that they are the children and heirs of one Vicente Torio (Vicente) and that after Vicente’s death,
he left behind a parcel of land for them. During the lifetime of Vicente and through his tolerance, Jaime and the Spouses
Salazar were allowed to stay and build their respective houses on the subject parcel of land. Even after the death of
Vicente, herein respondents allowed Jaime and the Spouses Salazar to remain on the disputed lot; however, when
respondents asked Jaime and the Spouses Salazar to vacate the subject lot, they refused to heed the demand.
In defense, Jaime and Spouses Salazar stated that respondents' cause of action is barred by acquisitive prescription and
that they and their predecessors-in-interest had been in actual, continuous and peaceful possession of the subject lot as
owners since time immemorial; defendants are faithfully and religiously paying real property taxes on the disputed lot as
evidenced by Real Property Tax Receipts; they have continuously introduced improvements on the said land, such as
houses, trees and other kinds of ornamental plants which are in existence up to the time of the filing of their Answer.
Issue:
Whether petitioners and their predecessors-in-interest possessed the disputed lot in the concept of an owner, or whether
their possession is by mere tolerance of respondents and their predecessors-in-interest.
Ruling:
The possession of petitioners is by mere tolerance of respondents and their predecessors-in-interest.
Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary. Ordinary acquisitive
prescription requires possession in good faith and with just title for ten (10) years. Without good faith and just title,
acquisitive prescription can only be extraordinary in character which requires uninterrupted adverse possession for thirty
(30) years.
Possession "in good faith" consists in the reasonable belief that the person from whom the thing is received has been the
owner thereof and could transmit his ownership. There is "just title" when the adverse claimant came into possession of
the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the
grantor was not the owner or could not transmit any right.
In the instant case, it is clear that during their possession of the property in question, petitioners acknowledged ownership
thereof by the immediate predecessor-in-interest of respondents. This is clearly shown by the Tax Declaration in the name
of Jaime for the year 1984 wherein it contains a statement admitting that Jaime's house was built on the land of Vicente,
respondents' immediate predecessor-in-interest. Petitioners never disputed such an acknowledgment. Thus, having
knowledge that they nor their predecessors-in-interest are not the owners of the disputed lot, petitioners' possession could
not be deemed as possession in good faith as to enable them to acquire the subject land by ordinary prescription.
Moreover, the CA correctly held that even if the character of petitioners' possession of the subject property had become
adverse, as evidenced by their declaration of the same for tax purposes under the names of their predecessors-in-interest,
their possession still falls short of the required period of thirty (30) years in cases of extraordinary acquisitive prescription.
Records show that the earliest Tax Declaration in the name of petitioners was in 1974. Reckoned from such date, the
thirty-year period was completed in 2004. However, herein respondents' complaint was filed in 1996, effectively
interrupting petitioners' possession upon service of summons on them. Thus, petitioners’ possession also did not ripen into
ownership, because they failed to meet the required statutory period of extraordinary prescription.

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Abalos vs. Torio G.R. No.

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