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- In 1962, the Catholic Vicar Apostolic of the Mountain Province filed an application to register title over four lots used by the Catholic Church in Benguet.
- In 1963, the Heirs of Juan Valdez and Heirs of Egmidio Octaviano claimed ownership over lots 1, 2, and 3.
- In 1965, the land registration court confirmed the Vicar's title to all four lots but the Court of Appeals reversed for lots 2 and 3. The Vicar appealed to the Supreme Court.
- The Supreme Court held that the Vicar had possessed lots 2 and 3 merely as a bailee borrower in a gratuitous loan for use from the predecessors of the private
- In 1962, the Catholic Vicar Apostolic of the Mountain Province filed an application to register title over four lots used by the Catholic Church in Benguet.
- In 1963, the Heirs of Juan Valdez and Heirs of Egmidio Octaviano claimed ownership over lots 1, 2, and 3.
- In 1965, the land registration court confirmed the Vicar's title to all four lots but the Court of Appeals reversed for lots 2 and 3. The Vicar appealed to the Supreme Court.
- The Supreme Court held that the Vicar had possessed lots 2 and 3 merely as a bailee borrower in a gratuitous loan for use from the predecessors of the private
- In 1962, the Catholic Vicar Apostolic of the Mountain Province filed an application to register title over four lots used by the Catholic Church in Benguet.
- In 1963, the Heirs of Juan Valdez and Heirs of Egmidio Octaviano claimed ownership over lots 1, 2, and 3.
- In 1965, the land registration court confirmed the Vicar's title to all four lots but the Court of Appeals reversed for lots 2 and 3. The Vicar appealed to the Supreme Court.
- The Supreme Court held that the Vicar had possessed lots 2 and 3 merely as a bailee borrower in a gratuitous loan for use from the predecessors of the private
Facts:
-
1962:
Catholic
Vicar
Apostolic
of
the
Mountain
Province
(Vicar),
petitioner,
filed
with
the
court
an
application
for
the
registration
of
title
over
lots
1,
2,
3
and
4
situated
in
Poblacion
Central,
Benguet,
said
lots
being
used
as
sites
of
the
Catholic
Church,
building,
convents,
high
school
building,
school
gymnasium,
dormitories,
social
hall
and
stonewalls.
-
1963:
Heirs
of
Juan
Valdez
and
Heirs
of
Egmidio
Octaviano
claimed
that
they
have
ownership
over
lots
1,
2
and
3.
(2
separate
civil
cases)
-
1965:
The
land
registration
court
confirmed
the
registrable
title
of
Vicar
to
lots
1
,
2,
3
and
4.
Upon
appeal
by
the
private
respondents
(heirs),
the
decision
of
the
lower
court
was
reversed.
Title
for
lots
2
and
3
were
cancelled.
-
VICAR
filed
with
the
Supreme
Court
a
petition
for
review
on
certiorari
of
the
decision
of
the
Court
of
Appeals
dismissing
his
application
for
registration
of
Lots
2
and
3.
-
During
trial,
the
Heirs
of
Octaviano
presented
one
(1)
witness,
who
testified
on
the
alleged
ownership
of
the
land
in
question
(Lot
3)
by
their
predecessor-in-interest,
Egmidio
Octaviano;
his
written
demand
to
Vicar
for
the
return
of
the
land
to
them;
and
the
reasonable
rentals
for
the
use
of
the
land
at
P10,000
per
month.
On
the
other
hand,
Vicar
presented
the
Register
of
Deeds
for
the
Province
of
Benguet,
Atty.
Sison,
who
testified
that
the
land
in
question
is
not
covered
by
any
title
in
the
name
of
Egmidio
Octaviano
or
any
of
the
heirs.
Vicar
dispensed
with
the
testimony
of
Mons.
Brasseur
when
the
heirs
admitted
that
the
witness
if
called
to
the
witness
stand,
would
testify
that
Vicar
has
been
in
possession
of
Lot
3,
for
75
years
continuously
and
peacefully
and
has
constructed
permanent
structures
thereon.
Issue:
WON
Vicar
had
been
in
possession
of
lots
2
and
3
merely
as
bailee
borrower
in
commodatum,
a
gratuitous
loan
for
use.
Held:
YES.
Private
respondents
were
able
to
prove
that
their
predecessors'
house
was
borrowed
by
petitioner
Vicar
after
the
church
and
the
convent
were
destroyed.
They
never
asked
for
the
return
of
the
house,
but
when
they
allowed
its
free
use,
they
became
bailors
in
commodatum
and
the
petitioner
the
bailee.
The
bailees'
failure
to
return
the
subject
matter
of
commodatum
to
the
bailor
did
not
mean
adverse
possession
on
the
part
of
the
borrower.
The
bailee
held
in
trust
the
property
subject
matter
of
commodatum.
The
adverse
claim
of
petitioner
came
only
in
1951
when
it
declared
the
lots
for
taxation
purposes.
The
action
of
petitioner
Vicar
by
such
adverse
claim
could
not
ripen
into
title
by
way
of
ordinary
acquisitive
prescription
because
of
the
absence
of
just
title.
The
Court
of
Appeals
found
that
petitioner
Vicar
did
not
meet
the
requirement
of
30
years
possession
for
acquisitive
prescription
over
Lots
2
and
3.
Neither
did
it
satisfy
the
requirement
of
10
years
possession
for
ordinary
acquisitive
prescription
because
of
the
absence
of
just
title.
The
appellate
court
did
not
believe
the
findings
of
the
trial
court
that
Lot
2
was
acquired
from
Juan
Valdez
by
purchase
and
Lot
3
was
acquired
also
by
purchase
from
Egmidio
Octaviano
by
petitioner
Vicar
because
there
was
absolutely
no
documentary
evidence
to
support
the
same
and
the
alleged
purchases
were
never
mentioned
in
the
application
for
registration.
(G.r. No. 115324. February 19, 2003) Producers Bank of The Philippines (Now First International Bank), Petitioner, vs. Hon. Court of Appeals and Franklin Vives, Respondents