GR L 2176; (November, 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, which after her death was inherited by her children, including plaintiff Consolacion Arboso. In 1920, the administrator Roman 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 that 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 dismissed as a civil matter. 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 the land, Andrade filed an ejectment suit in 1947, which was decided in his favor. In 1946, Andrade prevented further interference. 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, but such interruption did not occur here. The attempts by the Arboso heirs to regain possession—through entry, a dismissed theft case, a civil action dismissed for lack of interest, and an unsuccessful ejectment suit—were all ineffective and did not interrupt Andrade’s possession. Andrade’s possession, which began in 1926, was open, public, continuous, and under a claim of title for over ten years, thereby vesting title by prescription under Section 41 of the Code of Civil Procedure. His bad faith in purchasing with knowledge of Budak’s lack of authority did not preclude acquisitive prescription, as prescription may be acquired regardless of how possession commenced. The decision of the lower court was affirmed.
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