Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1906 > April 1906 Decisions > G.R. No. L-2524 April 27, 1906 - CARMEN AYALA DE ROXAS v. AGAPITA MAGLONSO, ET AL.

008 Phil 745:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-2524. April 27, 1906. ]

CARMEN AYALA DE ROXAS, Petitioner-Appellee, v. AGAPITA MAGLONSO, ET AL., Respondents-Appellants.

M. Mina, for Appellants.

Rafael Palma, for Appellee.

SYLLABUS


1. CIVIL PROCEDURE; APPEAL; BILL OF EXCEPTIONS; NEW TRIAL. — Both the petitioner and respondent appealed from the judgment and prepares separate bills of exceptions. The petitioner moved for a new trial in the court below. The respondent did not: Held, That upon respondent’s appeal the evidence could not be considered.

2. REAL ESTATE; POSSESSION. — Held, That the evidence in the case showed that the possession by the respondent of the land in question was by tolerance of the owner, the petitioner. (Civil Code, arts. 444, 1942.)


D E C I S I O N


WILLARD, J. :


On the 15th of March, 1904, Carmen Ayala de Roxas presented a petition to the Court of Land Registration asking that she be inscribed as the owner of a certain tract of land of P12,388.46 square meters in extent, fronting on Calle de San Miguel, in Manila. More than fifty people, who are occupying the land, appeared and entered opposed the granting of the petition. Judgment was entered in the court below on the 31st day of January, 1905. The oppositions of Agapita Maglonso and forty others were not, sustained, and as to them judgment was entered in favor of the petitioner. The oppositions of Alejandro Francisco and seventeen others were sustained, and as to them the petition was denied.

Agapita Maglonso and her forty associates, whose petitions had been rejected, excepted to the judgment, and have brought the case here by a new trial in the court below. The petitioner, Carmen Ayala de Roxas, excepted to the judgment so far as it sustained the oppositions of Alejandro Francisco and his seventeen associates. She moved for a new trial in the court below, which was denied and she has brought the case here by bill of exceptions.

(1) The appellants Agapita Maglonso and her forty associates not having moved for a new trial in the court below, we are permitted to examine the evidence upon which the decision of the court below against them was based. The only question presented upon the bill of exceptions prepared by them is whether the findings of fact contained in the decision of the court below are sufficient to justify the judgment as to them. The court made separate findings as to tone of the objectors, and an examination of those findings shows that they support the judgment. It is claimed by these appellants in their brief in this court that the court below found that certain of them acquired their interest in the land in question by inheritance or purchase, and that therefore to them is applicable the prescriptive period of ten years. When the whole of the decision is examined it is seen that the court did not make the finding claimed. The court said:jgc:chanrobles.com.ph

"While there is a legal upon which to base the allegation that those who are able to prove a possession of ten years by hereditary title or by purchase can invoke the benefits of the ordinary prescription under article 1940 of the Civil Code, the evidence in the case relating to their status as heirs as well as to the fact of the purchase are too uncertain to justify the application of such a rule."cralaw virtua1aw library

The appellants signed in August, 1901, recognizing the ownership of the petition. This interrupted the prescriptive period. The facts stated in the decision relating to threats made by the notary are not sufficient as a matter of law as to make that recognition void.

No claim was made in the pleadings in the court below for the value of the improvements made by the appellants, nor was any evidence introduced as to such value. The judgment as to Agapita Maglonso and the persons who prepared and presented a bill of exceptions with her is affirmed, with the costs of this instance against the said appellants.

(2) As to the bill of exceptions prepared by the petitioner, it appears that she made a motion for a new trial in the court below on the ground that the evidence was not sufficient to justify the findings of fact stated in the decision of the judge. It is therefore necessary to discuss the evidence in relation to that part of the decision.

On the 26th of November, 1847, the grantors of the petitioner acquired the beneficial interest in the land in question by a deed of that date. On the 3d of September, 1887, the petitioner acquired the legal ownership of the whereof had passed to her from the grantees of the deed of the 26th of November, 1847. The title deeds of the 1892. the evidence presented by her showed that at the time of the presentation of the petition she was the lawful owner of the land in question. The evidence presented by the objectors related solely to the possession of certain small tract of land included in the land descriptive in the petition. Their entire claim is based upon the statute of limitations. The court below held as to each of the appellees that each one of them had been in possession of the land for more than thirty years; that the extraordinary period of prescription applied, and that they became the owner of their respective parcels. each one of the defendants of objectors testified for himself. He presented the same in all the cases, and was limited to a statement by the defendant that he went on the land at a certain time, and lived there ever since, had made improvements thereon by filing low places thereon, did not ask permission from anybody, and had not been disturbed in his occupation. In rebuttal the petitioner presented evidence which proved the following facts; When the land tax was established in 1901 the petitioner made a demand upon a notary public that he should visit the premises for the purpose of notifying the occupants of the land top abandon it within days. In response to this requisition the notary visited the premises on the 31st of August, 1901, and delivered to each one of the occupants, including these appellees, such a written or printed notice. The notary testified that he limited himself to delivering a copy of this notice to each one of the occupants, and made no threats of any kind whatever. This testimony is corroborated by other evidence in the case. The appellees, however, practically all them, testify that threats were owner their houses would be torn down within three days. On the day when this notice was given no documents were signed by the appellees, and none were presented to them for signature. However, on the days following the 31st day of August, up to and including the 5th day of September, 1901, and even later, the occupants at different times during those days, and one day one voluntarily as far as appears went to the office of the agent of the petitioner and these signed written instruments, each of which described by meters and bounds the land occupied by the person who signed it, stated that the property belonged to the petitioner, and the person who signed the document promised to pay as rent a certain number of cents per square meter for the use of the property of cents per square meter for the use of the property, and also to pay the land t ax upon the house occupied by him.

We do not think that the evidence is sufficient to show title in the appellees by prescription. (See Veloso v. Naguit, 1 April 2, 1904, 2 Off. Gaz., 527.)

Articles 444 and 1942 of the Civil Code are as follows:jgc:chanrobles.com.ph

"ART. 444. Acts which are merely tolerated and those clandestinely executed, without knowledge of the possessors of a thing, or by force, do not effect the possession."cralaw virtua1aw library

"ART. 1942. Acts of a possessory character, performed by virtue of the license, or by mere tolerance on the part of the owner, are of no effect for establishing possession."cralaw virtua1aw library

The evidence in the case brings it within the provisions of these articles. the petitioner was the owner of the land. She collected rent from the another part of the same land. She tolerated the presence of the defendants upon the small parcels of land which they occupied, not compelling them to pay any rent until the imposition of the land tax in 1901. The most persuasive evidence that the defendants were there by her tolerance and that they knew it, is found in the fact that in 1901, when a demand was made upon them to pay rent, they did so, and recognized the ownership of the petitioner. The finding of the court below to the effect that the notary threatened to destroy their houses is not in our opinion supported by the evidence.

The judgment of the court below, so far as it is against the petitioner, is reversed. The case is remanded to the court below with instructions to enter judgment for the petitioner as prayed for in her petition. No costs in this court will be allowed on the appeal of the petition. So ordered.

Arellano, C.J., Torres, Mapa, and Carson, JJ., concur.

Endnotes:



1. 3 Phil. Rep., 604.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






April-1906 Jurisprudence                 

  • G.R. No. 2400 April 3, 1906 - UNITED STATES v. HOMER E. GRAFTON

    006 Phil 55

  • G.R. No. L-2461 April 4, 1906 - UNITED STATES v. MARTIN SARTE

    008 Phil 737

  • G.R. No. 2069 April 4, 1906 - W. M. TIPTON v. VICENTE CENJOR Y CANO

    006 Phil 64

  • G.R. No. 2220 April 4, 1906 - W. M. TIPTON v. MARIANO VELASCO CHUA-CHINGCO

    006 Phil 67

  • G.R. No. 2338 April 4, 1906 - BRAULIO FELICIANO v. LORENZO DEL ROSARIO

    006 Phil 70

  • G.R. No. 2467 April 4, 1906 - NICASIO MAGNO v. MARIA BUGAYONG

    006 Phil 71

  • G.R. No. 2382 April 5, 1906 - ARSENIO JIMENEZ v. JULIO JAVELLANA

    006 Phil 73

  • G.R. No. 2307 April 9, 1906 - UNITED STATES v. CHU CHANG

    006 Phil 74

  • G.R. No. 3268 April 9, 1906 - VICTOR D. GORDON v. GEORGE N. WOLFE

    006 Phil 76

  • G.R. No. 2233 April 10, 1906 - UNITED STATES v. AMBROSIO MINA

    006 Phil 78

  • G.R. No. 2717 April 10, 1906 - UNITED STATES v. FELICIANO EJERCITO

    006 Phil 80

  • G.R. No. 1562 April 11, 1906 - RAFAEL ENRIQUEZ v. A. S. WATSON & CO.

    006 Phil 84

  • G.R. No. 2342 April 11, 1906 - CONCEPCION CALVO v. ANGELES OLIVES

    006 Phil 88

  • G.R. No. 2412 April 11, 1906 - PEDRO ROMAN v. ANDRES GRIMALT

    006 Phil 96

  • G.R. No. 2484 April 11, 1906 - JOHN FORTIS v. GUTIERREZ HERMANOS

    006 Phil 100

  • G.R. No. 2533 April 11, 1906 - UNITED STATES v. FLORENTINO PAETE

    006 Phil 105

  • G.R. No. 2598 April 11, 1906 - N. N. BASILA BROS. v. FARES ACKAD

    006 Phil 107

  • G.R. No. 2747 April 11, 1906 - UNITED STATES v. AGUSTIN BASCO

    006 Phil 110

  • G.R. No. 3137 April 11, 1906 - ROMAN DE LA ROSA v. GREGORIO REVITA

    006 Phil 112

  • G.R. No. 1561 April 16, 1906 - RAFAEL ENRIQUEZ v. A. S. WATSON & CO.

    006 Phil 114

  • G.R. No. 2386 April 16, 1906 - MIGUEL FUENTES v. JUANA CANON Y FAUSTINO

    006 Phil 117

  • G.R. No. 2494 April 16, 1906 - CATALINA ARGUELLES v. THOMAS D. AITKEN

    006 Phil 120

  • G.R. No. 2506 April 16, 1906 - F. STEWART JONES v. INSULAR GOVERNMENT

    006 Phil 122

  • G.R. No. 2507 April 16, 1906 - CRISTOBAL RAMOS Y MARTINEZ v. INSULAR GOVERNMENT

    006 Phil 134

  • G.R. No. 2539 April 16, 1906 - VICENTE BALPIEDAD v. INSULAR GOVERNMENT

    006 Phil 135

  • G.R. No. 2540 April 16, 1906 - SEPA CARIÑO v. INSULAR GOVERNMENT

    006 Phil 138

  • G.R. No. 2754 April 16, 1906 - UNITED STATES v. CIPRIANO JARANDILLA

    006 Phil 139

  • G.R. No. 2963 April 16, 1906 - LA COMPAÑIA GENERAL DE TABACOS v. CITY OF MANILA

    006 Phil 140

  • G.R. No. 1816 April 17, 1906 - CARLOS GSELL v. VALERIANO VELOSO YAP-JUE

    006 Phil 143

  • G.R. No. 1882 April 17, 1906 - UNITED STATES v. CARLOS AYALA

    006 Phil 150

  • G.R. No. 2334 April 18, 1906 - VICENTE W. PASTOR v. MACARIO NICASIO

    006 Phil 152

  • G.R. No. 2309 April 19, 1906 - UNITED STATES v. ANDERSON TAYLOR

    006 Phil 162

  • G.R. No. 2460 April 19, 1906 - UNITED STATES v. G. L. MUHN

    006 Phil 164

  • G.R. No. 2508 April 19, 1906 - FRANCISCO BEECH v. FELICISIMA GUZMAN

    006 Phil 168

  • G.R. No. 3174 April 20, 1906 - HARRY J. FINNICK v. JAMES J. PETERSON

    006 Phil 172

  • G.R. No. 2377 April 23, 1906 - TEODORO S. BENEDICTO v. JOHN H. GRINDROD

    006 Phil 179

  • G.R. No. 2317 April 25, 1906 - UNITED STATES v. FRANCISCO BALBAS

    006 Phil 184

  • G.R. No. L-2330 April 25, 1906 - UNITED STATE v. CHARLES J. COCKRILL

    008 Phil 742

  • G.R. No. 2402 April 26, 1906 - APOLINARIO MODESTO v. CONCEPCION LEYVA

    006 Phil 186

  • G.R. No. L-2524 April 27, 1906 - CARMEN AYALA DE ROXAS v. AGAPITA MAGLONSO, ET AL.

    008 Phil 745

  • G.R. No. 3026 April 27, 1906 - MELCHOR BABASA v. PAUL W. LINEBARGER, ET AL.

    012 Phil 766

  • G.R. No. 2241 April 27, 1906 - PRUDENCIA DEL ROSARIO v. SEVERINA LERMA

    006 Phil 192

  • G.R. No. 2440 April 27, 1906 - TELESFORO ALO v. CLODOALDO ROCAMORA

    006 Phil 197

  • G.R. No. 2471 April 27, 1906 - SEVERINA LERMA Y MARTINEZ DE ALMEDA v. EMETERIO ALVAREZ

    006 Phil 202

  • G.R. No. 2391 April 28, 1906 - ANASTASIO MATEOS v. FELIX LOPEZ

    006 Phil 206

  • G.R. No. 2713 April 28, 1906 - UNITED STATES v. AGUSTIN JOSE

    006 Phil 211

  • G.R. No. 2729 April 28, 1906 - DEL-PAN v. MARTINIANO M. VELOSO

    006 Phil 213

  • G.R. No. 1963 April 30, 1906 - BAER SENIOR & CO.’S SUCCESSORS v. LA COMPAÑIA MARITIMA

    006 Phil 215

  • G.R. No. 2077 April 30, 1906 - MARIA CONCEPCION SEBASTIAN LUCIA v. MATEO PEREZ

    006 Phil 219

  • G.R. No. 2308 April 30, 1906 - NIEVES ARAUJO v. GREGORIA CELIS

    006 Phil 223

  • G.R. No. 2318 April 30, 1906 - UNITED STATES v. AGO-CHI

    006 Phil 227

  • G.R. No. 2466 April 30, 1906 - ROBERT LIENAU v. INSULAR GOVERNMENT

    006 Phil 230

  • G.R. No. 2470 April 30, 1906 - PASTOR LEMA Y MARTINEZ v. DIONISIA ANTONIA

    006 Phil 236

  • G.R. No. 2518 April 30, 1906 - HERMENEGILDO ALFONSO v. PEDRO NATIVIDAD

    006 Phil 240

  • G.R. No. 2720 April 30, 1906 - COMPAÑIA AGRICULA DE ULTRAMAR v. MARCOS DOMINGO

    006 Phil 246