GR L 2176; (December, 1950) (Digest)
G.R. No. L-2176 December 29, 1950
CONSOLACION ARBOSO, plaintiff-appellant, vs. DOROTEO ANDRADE, defendant-appellee.
FACTS
Sotera Arboso owned a parcel of land. After her death, her children, including plaintiff Consolacion Arboso, received its products from the administrator, Roman Budak. In 1920, Budak falsely claimed ownership via an affidavit and had the land declared in his name. In December 1926, Budak sold the land to defendant Doroteo Andrade, who purchased it despite being warned Budak was not the owner. Andrade thereafter possessed the land openly, declared it in his name, and paid taxes. In 1927, the Arboso heirs entered the land and gathered coconuts, leading to a theft case filed by Andrade that was later dismissed. In 1928, the heirs filed an action to recover ownership, but it was dismissed in 1932 for lack of interest. When the heirs re-entered, Andrade filed an ejectment suit in 1947, which was decided in his favor. Despite this, the heirs continued entering until Andrade stopped them in 1946. Consolacion Arboso then filed this action claiming ownership.
ISSUE
Whether defendant Doroteo Andrade acquired ownership of the land by prescription.
RULING
Yes, Andrade acquired ownership by prescription. Under the applicable law (the old Civil Code and the Code of Civil Procedure), possession may be interrupted naturally or civilly. The attempts by the Arboso heirs to regain the land—through entry, a theft case, a recovery action (dismissed), and an ejectment suit (decided for Andrade)—did not effectively interrupt Andrade’s possession because they all failed. Thus, his possession, which began in 1926, was open, public, continuous, and under claim of title for over ten years, satisfying the requirements for acquisitive prescription. Andrade’s bad faith in purchasing with knowledge of Budak’s lack of authority did not preclude prescription, as title by prescription may be acquired regardless of how possession commenced. The decision of the Court of First Instance declaring Andrade the owner is affirmed.
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