oflodoR-Rodolfo

Pangan v. Court of Appeals

166 SCRA 375

Facts:

Petitioners, great grandchildren of Leon Hilario, filed an application for the registration of the subject land originally owned by Leon Hilario in their names by virtue of their continuous and exclusive possession thereof since 1895 by themselves and their father and grandfather before them which application was approved. Subsequently, respondent Teodora Garcia, granddaughter of Leon Hilario filed a petition to set aside the decision claiming that she was entitled to one-half of the property. Petitioners contend that they have already acquired the land by prescription and contend that the property was declared for taxation purposes in the name of their father and that they were the ones paying for the real estate taxes on the land and that it is only now that Teodora Garcia is claiming ownership after several years of petitioners’ long, continued and adverse possession thereof.

Issue:

Whether or not Teodora Garcia, by her failure to assert her right, enabled the petitioners to perfect their claim of ownership and so exclude her from her share in the property.

Held:

Teodora still retains her part ownership over the land. It is a settled rule that possession by one co-owner will not be regarded as adverse to the other co-owners but in fact as beneficial to all of them. However, of the co-owner actually holding the property asserts exclusive dominion over it against the others; the corollary of the rule is that he acquire the sole title by acquisitive prescription. The petitioners have not proved that their possession excluded their co-owner. The petitioners acted in bad faith in denying their aunt and co-heir of her legal share to the property they had all inherited from Leon Hilario.

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