GR L 11105; (June, 1959) (Digest)
G.R. No. L-11105; June 30, 1959
JOSE DE LA CRUZ, ET AL., plaintiffs-appellants, vs. TELESFORO DE LA CRUZ, defendant-appellee.
FACTS
Silvestre de la Cruz died intestate in 1912. His estate was partitioned among his heirs—children Jose, Jesus, Pablo, and Maria—by a court-approved agreement in 1922. In the partition, a parcel of sugar cane land was adjudicated to his second spouse, Fernanda Manzanilla. On March 26, 1940, Fernanda sold the land to Telesforo de la Cruz by absolute sale. Fernanda died on October 15, 1945. Telesforo subsequently sold the land under a pacto de retro in 1951 and repurchased it in 1954. On October 1, 1955, the children of Silvestre filed an action against Telesforo to recover possession and ownership, claiming Fernanda was merely a usufructuary, so Telesforo’s rights terminated upon her death. They also sought damages and attorney’s fees. Telesforo moved to dismiss, arguing the action was barred by the statute of limitations and that he acquired the land by absolute sale and had been in open, continuous, and adverse possession as owner since 1940, acquiring title by prescription.
ISSUE
Whether Telesforo de la Cruz acquired ownership of the land by prescription through his possession since the 1940 purchase from Fernanda Manzanilla.
RULING
Yes. The Supreme Court affirmed the trial court’s judgment. The Court held that Fernanda Manzanilla, as the owner of the land per the partition, conveyed it to Telesforo by absolute sale in 1940. Telesforo’s possession since then was actual, open, public, peaceful, continuous, and under a claim of ownership, adverse to all other claimants. Applying Section 41 of the Code of Civil Procedure ( Act No. 190 ), which was in force at the time, such possession for over ten years conferred title by prescription, regardless of how the possession began. The plaintiffs’ action, filed in 1955, was thus barred by prescription. The deed of sale indicated Fernanda’s absolute ownership, and Telesforo’s subsequent acts (e.g., receiving produce, paying taxes, dealing with the property) confirmed his ownership. The complaint was dismissed.