G.R. No. L-7720; August 5, 1913
The Non-Christian FABIAN, plaintiff-appellant, vs. SABINO PACULAN, defendant-appellee.

FACTS

The non-Christian plaintiff, Fabian, filed a complaint alleging he was the owner and possessor of a parcel of land acquired through homestead entry No. 3051 from the Government. He claimed peaceful possession since 1908, cultivating and residing on the land. The defendant, Sabino Paculan, unlawfully seized the cultivated part on March 9, 1910, destroyed dikes, and later disturbed Fabian’s possession, claiming ownership. Fabian sought a declaration that Paculan had no legal right to the land, recovery of possession, damages, and costs. Paculan defended that the land belonged to him by inheritance from his father, who purchased it from the heirs of Pedro Avila Mariano. The trial court absolved Paculan from the complaint.

ISSUE

Whether the defendant, Sabino Paculan, has a superior right of possession or ownership over the homestead land granted by the Government to the plaintiff, Fabian.

RULING

No. The Supreme Court reversed the trial court’s judgment. The defendant failed to prove his claim of ownership. The land he allegedly purchased was different from the land in dispute; the documentary evidence (a possessory information title) did not cover the homestead land, and testimony from a supposed heir confirmed the sold land was distinct. The plaintiff, Fabian, as a homestead grantee under Act No. 926 , was the lawful possessor of the Government land, having complied with the conditions of the grant until dispossessed. The defendant’s adverse claim had been administratively rejected. Therefore, the defendant was ordered to restore possession of the land to Fabian, pay P50 as damages, and bear the costs of both instances.