GR 21525; (January, 1970) (Digest)
G.R. No. L-21525 January 30, 1970
ARSENIO UY, petitioner, vs. J. M. TUASON & CO., INC., respondent.
FACTS
Respondent J. M. Tuason & Co., Inc. is the registered owner of a large parcel of land in Quezon City covered by Transfer Certificate of Title No. 42774. On or about August 1949, petitioner Arsenio Uy, without the consent of the respondent, occupied a portion of this land with an area of about one hundred square meters. On May 7, 1959, respondent filed an action for recovery of possession and damages against the petitioner. In his amended answer, petitioner denied the respondent’s title to the land and claimed that he was a possessor in good faith. After trial, the Court of First Instance of Rizal ruled in favor of the respondent, ordering petitioner to vacate the premises, remove his constructions, and pay monthly compensation of P30.00 from August 1949 until possession is restored. The Court of Appeals affirmed this decision in toto.
ISSUE
Whether the Court of Appeals erred in affirming the trial court’s decision, specifically on the grounds that the decision was premised on a misapprehension of facts and that the Court of Appeals departed from the accepted course of judicial proceeding.
RULING
The Supreme Court affirmed the decision of the Court of Appeals. The Court held that the first issue raised by the petitioner involved a question of fact, which is not subject to review. The evidence clearly established that the petitioner occupied a specific portion of one hundred square meters, identified as Exhibit B-1 on the plan PCS-3824 (Exhibit B). The second issue was deemed a mere corollary to the first and, therefore, required no separate consideration. The decision appealed from was found to be in accordance with law.
