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TEODORO ACAPV. COURT OF APPEALS, ET. AL.

G.R. NO. 118114, December 7, 1995




FACTS:

Felixberto Sanchez inherited Lot No. 1130 from his parents Spouses Santiago
Vasquez and Lorenza Oroma. He sold it to Cosme Pido while herein petitioner Teodoro
Acap was the tenant of a portion thereof. When Pido died intestate, his surviving heirs
waived their rights over said Lot in favor of Edy de los Reyes. Since title continued to
be in the name of spouses Vasquez, de los Reyes filed with the Registry of Deeds a
notice of an adverse claim. He informed petitioner of his ownership of the land wherein
petitioner agreed to pay ten cavans of palay per annum. At first, petitioner complied but
later, refused to pay further. Respondent sought the assistance of the Ministry of
Agrarian Reform (MAR) but petitioner did not recognize de los Reyes as owner. Private
respondent filed a complaint for recovery of possession which was decided by the trial
court in his favor. On appeal, the CA affirmed the decision of the trial court, hence, this
petition.

ISSUES:

Whether or not the subject declaration of heirship and waiver of rights is a
recognized mode of acquiring ownership by private respondent over the lot in question.

RULING:

The Supreme Court granted the petition and dismissed the complaint for
recovery of possession. The SC said that de los Reyes is a stranger to the succession
of Cosme Pido, and cannot claim ownership over the subject lot.

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