G.R. No. L-483, December 31, 1902
DAMIAN HERMITAÑO, plaintiff-appellee, vs. MARCELINO CLARITO, defendant-appellant.

FACTS:
The Municipality of Carmona conveyed a piece of its land to Damian Hermitaño on December 4, 1897, as payment for services rendered. Hermitaño subsequently enjoyed quiet and peaceable possession of the land. On April 28, 1900, Marcelino Clarito, then the local president of Carmona, ousted Hermitaño from possession. Clarito notified the tenants of the land to recognize him as the owner in his capacity as town president. On April 17, 1901, Hermitaño filed an action for restitutory interdict (forcible entry) to recover possession and sought damages. The Court of First Instance ruled in favor of Hermitaño. Clarito appealed, arguing that the ouster occurred on April 1, 1900, which would bar the action as it was filed more than one year later. He also contended that the municipal conveyance to Hermitaño was void under decrees prohibiting the alienation of municipal commons.

ISSUE:
1. Whether the action for restitutory interdict was filed within the one-year prescriptive period.

RULING:
The Supreme Court affirmed the lower court’s judgment.

The dispositive portion affirmed the judgment of the lower court, ordering Hermitaño’s restitution to possession and holding Clarito liable for costs.