This case has been cited 2 times or more.
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2006-08-31 |
GARCIA, J. |
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| To reiterate, the herein parties are co-owners of the property subject of the controversy. Surely, in order that title may prescribe in favor of one of the co-owners, it must be clearly shown that he has repudiated the claims of the others, and that they were apprised of his claim of adverse and exclusive ownership, before the prescriptive period begins to run.[8] The evidence relative to the possession, as a fact, upon which the alleged prescription is based, must be clear, complete and conclusive in order to establish said prescription without shadow of doubt.[9] This is not the case here. To stress, the petitioners' claim that they were in possession of the property for more than thirty (30) years appears unsupported. In fact, their own evidence belied their claim of prescription and possession of the property. As found by the trial court, it was only in 1991, after the death of the respondent's husband Eleuterio that the petitioners on the basis of the falsified deed of extrajudicial partition with sale took possession of the property. As it is, the petitioners could neither invoke acquisitive prescription because their mode of acquisition was illegal and void. Ordinary acquisitive prescription requires possession of things in good faith and with just title of the time fixed by law. | |||||
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2006-03-24 |
CHICO-NAZARIO, J. |
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| To sustain a plea of prescription, it must always clearly appear that one who was originally a joint owner has repudiated the claims of his co-owners, and that his co-owners were apprised or should have been apprised of his claim of adverse and exclusive ownership before the alleged prescriptive period began to run.[29] | |||||