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MARCELO vs

COURT OF APPEALS
[Acquisitive Prescription]
Whether or not Flores has acquired
ownership of the disputed land (the
“parang”) by ordinary acquisitive
prescription

ISSUE
ARTICLE 714
The ownership of a piece of land cannot be acquired by occupation.
ARTICLE 1118
Possession has to be in the concept of an owner, public, peaceful and
uninterrupted.
ARTICLE 1134
Ownership and other real rights over immovable property are
acquired by ordinary prescription through possession of ten years.

RULE
1960: “Kasulatan ng Partisyon sa Labas
ng Hukuman at Bilihang Patulayan’, they
sold the property covering 6,000 sq.m. to
Sarmientos Fernando Cruz

1961: The adjoining property, the ‘parang’


Lot 3098 with an area of 7,856 square meters was
Owner: Sps Marcelo declared by Cruz in his name: increasing
Continuous possession: since 1939
Tax Declaration No. 2882 Cruz his landholding to 13,856 sq.m.

Heirs of Marcelo 1968: The land with area of 13,856 sq.m.


discovered in 1967 that was sold to Servando Flores (Kasulatang
a portion of Lot 3098 Bilihan)
had been encroached
by Fernando Cruz
(relocation survey: Flores 1969: Flores immediately took possession
7,540 sq.m.) of the entire area in the concept of an
owner and hold it in that capacity for
almost 14 years before the petition was
filed by the heirs of Marcelo

ANALYSIS (Facts) RTC: Heirs of Marcelo


CA: Cruz and Florendo
HEIRS OF MARCELO COURT OF APPEALS
 Ownership of the adjoining property by
 Flores never acquired the 7,540 sq.m. Cruz originated from an extrajudicial
lawfully – the property sold by partition with sale executed in 1960 by
Sarmiento to Cruz under the Sarmiento and Cruz. The Kasulatan
Kasulatan covers only the “palayero” pertained not only to the “palyero” but also
or riceland (about 6,000 sq.m.) and to the “parang”. Although not included in
the “parang” (7,856 sq.m) has not the tax declaration, it was contained in their
been included. Kasulatan that it includes the “parang”.

 The 7,540 sq.m. formed part of the  After the execution of the deed of sale, Cruz
property of Marcelos’ parents in their declared both parcels for tax purposes in
1960 in the Office of the Provincial
possession since 1939.
Assessor, and a new Tax Declaration was
issued in his name for the entire 13,856
sq.m.

ANALYSIS (Arguments)
Whether or not Flores has acquired
ownership of the disputed land by
ordinary acquisitive prescription
Yes. Flores acquired possession of the disputed The requirements for
portion of land by ordinary acquisitive ORDINARY ACQUISITIVE
prescription. Acquisitive prescription is a mode of
acquiring ownership by a possessor through the
PRESCRIPTION have indeed
requisite lapse of time. In order to ripen into been met.
ownership, possession must be in the concept of
an owner, public, peaceful and uninterrupted.
Acquisitive prescription of dominion and other Possession of things must be:
real rights may be ordinary or extraordinary. 1. in good faith, and
2. with just title

CONCLUSION
There is an ordinary acquisitive prescription in this case.
• Servando Flores took possession of the controverted portion in good faith
and with just title. This is so because the said portion of 7,540 square
meters was an integral part of that bigger tract of land which he bought
from Fernando Cruz under public document.

• As mentioned in the document of sale executed in 1968, the disputed


portion referred to as “parang” was included in the sale to appellant Flores
since at the time of the sale, the whole area consisting of the riceland and
pasture land was already covered by a tax declaration in the name of
Fernando Cruz and further surveyed in his favor.

• Hence, Flores’ possession of the entire parcel which includes the portion
sought to be recovered by the heirs of Marcelo was not only in the concept
of an owner but also public, peaceful and uninterrupted.

CONCLUSION