GR 1529; (April, 1904) (Digest)
G.R. No. 1529 : April 13, 1904
ESTEFANIA VILLAR, plaintiff-appellant, vs. MUNICIPAL BOARD OF MANILA, defendant-appellee.
FACTS:
The plaintiff, Estefania Villar, claimed ownership of a tract of land in Manila. The city authorities, asserting that a portion of the land was a public street, prohibited her from building on that strip and took possession of it. Villar filed an action to recover possession of the strip and to restrain the city from interfering with her construction. During trial, after the plaintiff had presented her evidence but before the defendant could present its own, the trial court granted the defendant’s motion to dismiss the complaint. The court reasoned that the plaintiff failed to establish the length of the “braza realenga” (a unit of measurement used in her title documents), which it considered the sole issue in the case, and reserved the rights of both parties to litigate the matter further.
ISSUE:
Did the trial court err in dismissing the complaint on the ground that the plaintiff failed to prove the length of the “braza realenga,” thereby precluding a decision on the merits?
RULING:
Yes, the Supreme Court reversed the trial court’s order of dismissal. The Court held that the length of the “braza realenga” was not the only, nor the most important, issue in the case. A critical issue was the plaintiff’s claim of possession for over fifty years, which, if proven with the requisite elements, could establish title by prescription. Furthermore, the Court found that the plaintiff had presented evidence, including a deed specifying an equivalent measurement for the “braza realenga,” which deserved serious consideration and a full hearing. The trial court erred in not allowing the defendant to present its evidence and in dismissing the case prematurely. The case was remanded to the trial court to continue the trial and allow the defendant to present its evidence.
