This case has been cited 1 times or more.
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2013-03-20 |
PEREZ, J. |
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| To Our mind, the fact that the writ of execution issued in Civil Case No. 298 was returned duly served[52] also lends credence to respondents' claim that Simplecio's possession of the property was upon Miguel's tolerance.[53] Since acts of a possessory character executed due to license or by mere tolerance of the owner are inadequate for purposes of acquisitive prescription,[54] petitioners cannot claim to have acquired ownership of the property by virtue of their possession thereof since 1935. Under Articles 444[55] and 1942[56] of the old Civil Code, possession of real property is not affected by acts of a possessory character which are merely tolerated by the possessor, or which are due to his license.[57] Granted that long, continued occupation, accompanied by acts of a possessory character, affords some evidence that possession has been exerted in the character of owner and under claim of right,[58] this inference is unavailing to petitioners since Simplecio's continued possession of the property after his defeat in the ejectment suit was clearly upon the tolerance of respondents' predecessors-in-interest. | |||||