GR L 2765; (December, 1906) (Digest)
G.R. No. L‑2765 (December 27 1906)
FACTS
– JosĂ© Doliendo bought a parcel of land in Iloilo from Ventura Belarmino on 30 Nov 1888, paid the price and took possession.
– Ventura Belarmino died 20 July 1889; his estate was later subject to a public auction to satisfy alleged shortages in his official accounts as cabeza de barangay.
– The land in dispute was included in the auction. Domingo Biarnesa, the defendant, was the highest bidder, was declared purchaser, and took possession no later than 31 Dec 1892, maintaining it until the present action (filed 18 Feb 1903).
– Doliendo protested the auction, asserting the same land had already been his by the 1888 private sale.
– The trial court ruled for Doliendo; the appellate court examined the validity of Biarnesa’s title by prescription.
ISSUE
Whether the defendant, who acquired the land at a public auction of the deceased vendor’s estate, can acquire ownership by prescription under Art. 1957 Civil Code despite the plaintiff’s prior private purchase and the question of the auction’s authority.
RULING
– The auction was lawfully held; Biarnesa obtained possession with “justo tĂtulo” (a valid title under Art. 436 Civil Code) and in good faith (bona fide).
– Under Art. 1957, possession con buena fe y justo tĂtulo for ten years vests a prescriptive title. The ten‑year statutory period was satisfied.
– The “tĂtulo verdadero y válido” required by Art. 1953 is interpreted to mean a “tĂtulo colorado” (a title purchased in good faith from someone believed to be the owner), not a title that alone transfers ownership without prescription.
– Consequently, even if the auction sale were later shown to be procedurally defective or the land improperly included in the estate, the defendant’s title remains valid because his acquisition was made in good faith from a person he believed had authority to sell.
– The trial court’s judgment for the plaintiff is reversed; judgment is entered for the defendant with costs of the first instance borne by the plaintiff. The case is remanded for entry of judgment and compliance.
Key Takeaway
A prescriptive title may be founded on a “true and valid” title that is merely good‑faith acquired (tĂtulo colorado), not necessarily a title that alone transfers ownership. Possession for the statutory period under such conditions vests ownership, even where the underlying sale may later be questioned.
