Heirs of Paciano Yabao v Paz Lentejas Van Der Kolk

G.R. No. 207266, June 25, 2014

FACTS: The Heirs of Yabao alleged in their complaint that they are the sole surviving
heirs of the late spouses Mercedes Cano and Paciano Yabao. They prayed that they be
declared the co-owners and possessors of a parcel of land located in Brgy. Capoocan,
Calbayog City occupied and possessed by Van de Kolk, who also asserted ownership
over the same. Plaintiffs pray that Van der Kolk be ordered to pay them attorney's fees,
litigation expenses as well as reasonable rental of P2,000.00 per month.

ISSUE: Whether or not the heirs are the rightful owners of the subject property.

RULING: No. They merely alleged that they are the heirs of Yabao without presenting
any proof why they are the latters heirs and in what degree of capacity. The basis of the
heirs claim of ownership was mere tax declaration that was supposedly in the name of
their putative ancestor. Moreover, a tax declaration is not a proof of ownership and is
not a conclusive evidence of ownership of real property. The tax declaration standing
alone is not an acceptable proof of ownership.