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[CELESTINO SYTIAR CLEMENTE v. AMBROSIO MARASIGAN](http://lawyerly.ph/juris/view/cd38?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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19 Phil. 120

[ G.R. No. 6231, March 18, 1911 ]

CELESTINO SYTIAR CLEMENTE, PLAINTIFF AND APPELLANT, VS. AMBROSIO MARASIGAN, DEFENDANT AND APPELLEE.

D E C I S I O N

CARSON, J.:

This action was instituted to recover possession  of the parcel of land described in the complaint.   Judgment was entered in the court below  in favor of the defendant  in possession.

The evidence of record fully and sufficiently sustains the findings of fact by the trial judge, and  upon these findings the judgment rendered  by him must be affirmed.

The evidence discloses,  beyond  any question, that the defendant and his antecedents in interest have been in quiet, peaceable, and uninterrupted  possession  of the land in question, under a claim of ownership, for a long period of years, and that he, himself, has been in possession since the year 1894, when he bought  it from one Icaza,  at that time  in possession, the deed of sale being executed in a private document, which was ratified and affirmed in a public document by the heirs of Icaza, then deceased, on July 19,1902.  This action was instituted on October 29, 1906.

It is quite clear that without going any further back than the occupation of the defendant himself, he must be held to have  established  his prescriptive title  to the  land in question, in view of his quiet, peaceable, and uninterrupted possession  thereof, under a claim of ownership, for more than ten years, he having acquired the land in good faith by purchase from one who himself was in possession under a bona fide claim of ownership.

The judgment appealed from should be affirmed, with the costs of this instance against  the appellant.  So ordered.

Arellano, C. J., Mapa, Moreland, and  Trent, JJ., concur.

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