GR L 14749; (March, 1920) (Digest)
G.R. No. L-14749; March 12, 1920
VICENTE BARGAYO, ET AL., plaintiffs-appellants, vs. JORGE CAMUMOT, defendant-appellee.
FACTS:
The plaintiffs, heirs of the deceased Placida Camumot, and the defendant, Jorge Camumot, are co-heirs to the estate of their common ascendants, spouses Jose Camumot and Andrea Barasona. The properties in question include building lots and agricultural lands. Upon the death of Jose Camumot in 1895, the defendant took possession and administration of all the properties, excluding the plaintiffs from any share of the fruits or proceeds, including from a portion expropriated by a railroad company. The plaintiffs demanded partition, but the defendant refused, claiming sole ownership. The plaintiffs filed an action for partition and accounting. The Court of First Instance of Cebu dismissed the complaint, ruling that the plaintiffs’ action had already prescribed.
ISSUE:
Whether or not the plaintiffs’ action for partition had prescribed due to the defendant’s adverse possession.
RULING:
No, the action for partition had not prescribed. The Supreme Court reversed the decision of the lower court.
The Court held that the possession of a co-heir or co-owner is presumed to be that of a trustee on behalf of the other co-owners. For prescription to run against a co-owner, the possession must be clearly adverse, amounting to a clear repudiation of the co-ownership, and such repudiation must be made known to the other co-owners. Mere exclusive possession, receipt of fruits, payment of taxes, or erection of improvements, unaccompanied by overt acts of unequivocal repudiation, does not constitute adverse possession. In this case, the defendant’s acts did not amount to a clear ouster or disseizin of the plaintiffs. The plaintiffs tolerated the defendant’s administration due to familial respect, and the defendant’s postponement of partition did not equate to a denial of their rights. Therefore, prescription did not begin to run. The Court ordered the partition of the estate, with collation of any donations made by the deceased, and awarded one-half of the net hereditary estate to the plaintiffs.