This case has been cited 1 times or more.
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2014-06-10 |
PERLAS-BERNABE, J. |
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| First, the evidence shows that as early as the 1950s, Bonifacio already had possession of the subject lot and even built a bungalow-type house thereon. Moreover, when he migrated to Hawaii, Bonifacio appointed numerous caretakers to the said house and lot, the last being Sps. Gurieza. Thus, despite his migration to Hawaii, Bonifacio never relinquished said possession over the house and lot. Consistent with Article 524[20] of the Civil Code, it is well-settled that "[i]t is not necessary that the owner of a parcel of land should himself occupy the property as someone in his name may perform the act. In other words, the owner of real estate has possession, either when he himself is physically in occupation of the property, or when another person who recognizes his rights as owner is in such occupancy."[21] Thus, the Sps. Gurieza's stay on the subject lot was only made possible through the mere tolerance of Bonifacio. | |||||