Abalos v. Heirs of Vicente Torio

AIME ABALOS and SPOUSES FELIX SALAZAR and CONSUELO  MTC: Petitioners are ordered to turn over the
ers are ordered to turn over the land in question

SALAZAR, GLICERIO ABALOS, HEIRS OF AQUILINO ABALOS, namely: to the respondents.
SEGUNDA BAUTISTA, ROGELIO ABALOS, DOLORES A. ROSARIO,  RTC: Reversed MTC’s decision.
FELICIDAD ABALOS, ROBERTO ABALOS, JUANITO ABALOS, TITA − Acquired the subject property through prescription.
ABALOS, LITA A. DELA CRUZ AND HEIRS OF AQUILINA ABALOS,  CA: Affirmed MTC’s decision.
namely: ARTURO BRAVO, PURITA B. MENDOZA, LOURDES B. AGANON, Issue
CONSUELO B. SALAZAR, PRIMA B. DELOS SANTOS, THELMA APOSTOL  WON they and their predecessors-in-interest possessed the
and GLECERIO ABALOS, Petitioners, disputed lot in the concept of an owner, or WON their
- versus - possession is by mere tolerance of respondents and their
HEIRS OF VICENTE TORIO, namely: PUBLIO TORIO, LIBORIO TORIO, predecessors-in-interest.
VICTORINA TORIO, ANGEL TORIO, LADISLAO TORIO, PRIMO TORIO Held.
and NORBERTO TORIO, Respondents.  NO.
Article 1106-1155 [Prescription] Ordinary acquisitive prescription requires possession in good faith and with
just title for ten (10) years. Without good faith and just title, acquisitive prescription can
Facts only be extraordinary in character which requires uninterrupted adverse possession for
thirty (30) years. Possession in good faith consists in the reasonable belief that the
 The heirs of Torio filed a Complaint for Recovery of Possession person from whom the thing is received has been the owner thereof, and could transmit
and Damages against Jaime Abalos (Jaime) and the spouses his ownership. There is just title when the adverse claimant came into possession of the
Felix and Consuelo Salazar. property through one of the modes recognized by law for the acquisition of ownership or
other real rights, but the grantor was not the owner or could not transmit any right.
 Torio left behind a parcel of land and through the latter’s
During their possession of the property in question, petitioners
tolerance, allowed the petitioners to stay and build their
acknowledged ownership thereof by the immediate predecessor-in-
respective houses on the subject parcel of land.
interest of respondents as shown by the Tax Declaration admitting that
 In 1985, respondents asked the petitioners to vacate the
Jaime's house was built on the land of Torio. Thus, having knowledge
premises but refused to heed the demand.
that they nor their predecessors-in-interest are not the owners of the
 Petitioners:
disputed lot, petitioners' possession could not be deemed as possession
 Respondents' cause of action is barred by acquisitive
in good faith as to enable them to acquire the subject land by ordinary
prescription;
prescription.
 The court a quo has no jurisdiction over the nature of
Therefore the possession of the land is by mere tolerance. Acts
the action and the persons of the defendants;
of possessory character executed due to license or by mere tolerance of
 The absolute and exclusive owners and possessors of
the owner are inadequate for purposes of acquisitive prescription.
the disputed lot are the deceased predecessors of
Even if the character of petitioners' possession of the subject
defendants;
property had become adverse, as evidenced by their declaration of the
 Defendants and their predecessors-in-interest had
same for tax purposes under the names of their predecessors-in-
been in actual, continuous and peaceful possession of
interest, their possession still falls short of the required period of thirty
the subject lot as owners since time immemorial;
(30) years in cases of extraordinary acquisitive prescription. The
 Defendants are faithfully and religiously paying real
earliest Tax Declaration in the name of petitioners was in 1974.
property taxes on the disputed;
Reckoned from such date, the thirty-year period was completed in
 They have continuously introduced improvements on
2004. However, herein respondents' complaint was filed in 1996,
the said land.
effectively interrupting petitioners' possession upon service of
summons on them.
WON the due execution and authenticity of the deed of sale upon which
respondents anchor their ownership were not proven
Petitioners did not raise this matter in their Answer as well as
in their Pre-Trial Brief. Settled is the rule that points of law, theories,
issues, and arguments not adequately brought to the attention of the
trial court need not be, and ordinarily will not be, considered by a
reviewing court.

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AIME ABALOS and SPOUSES FELIX SALAZAR and CONSUELO  MTC: Petitioners are ordered to turn over the

ers are ordered to turn over the land in question

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