[ G.R. No. 140416. January 17, 2000]

HEIRS OF PEDRO RODRIGO vs. CA, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 17 2000.

G.R. No. 140416 (Heirs of Pedro Rodrigo vs. CA and Heirs of Rosario Rodrigo-Reantaso.)

The land in dispute originally belonged to Lucila Burgos, the mother of Pedro Rodrigo, petitioners' predecessor-in-interest, and Rosario Rodrigo-Reantaso, private respondents' predecessor-in-interest. The land situated in Iraya, Oas, Albay, originally contained an area of 12,000 square meters. On 28 July 1945, following the death of Lucila, her husband Lino, and their children, Pedro and Rosario, executed an extra-judicial partition dividing the lot among themselves as follows: 2,000 square meters to Pedro, 2,000 square meters to Rosario and 8,000 square meters to Lino. The deed of extra-judicial partition specified the respective lots of the parties by metes and bounds.

When Lino died sometime in the 1950s, his 8,000 square-meter lot was inherited by both Pedro and Rosario. Thus, their share in the lot became 6,000 square meters each. Rosario, however, allegedly constituted a usufruct over her share in favor of her brother Pedro. The usufruct was allegedly to subsist until the youngest child of Pedro graduated from college.

When the youngest child of Pedro finished college in 1991, the heirs of Rosario (private respondents) filed with the trial court an action against the heirs of Pedro (petitioners) for, among others, reconveyance of her share in the subject lot. In their answer, petitioners denied the existence of the usufruct and interposed the defenses of prescription, laches and res judicata. After trial, the lower court rendered a decision in favor of private respondents. Petitioners were ordered, among others, to reconvey 5,562 square meters of the lot to private respondents.

On appeal, the CA affirmed in toto the decision of the lower court. The CA did not give credence to petitioners' claim that Pedro already acquired the property by prescription. The CA relied on Article 494 of the Civil Code which states in part that "no prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he expressly or impliedly recognizes the co-ownership." In order for a co-owner or co-heir to acquire the land by prescription, the following requisites must concur: "(1) there must be a repudiation of the co-ownership; (2) the repudiation must be made known to the other co-owners; (3) the evidence of repudiation and knowledge on the part of the co-owners must be clear and convincing, and (4) there must be continuous, open, peaceful, public and adverse possession for the required period of time under the law, counted from the repudiation of co-ownership" (Casa�as vs. Rosello, 50 Phil. 97; Jardin vs. Hallasgo, 117 SCRA 532; Pangan vs. CA, 166 SCRA 385).

In this case, the Court agrees with the CA that the acts of Pedro did not constitute repudiation of the co-ownership. The CA correctly gave credence to private respondents' claim that Rosario constituted a usufruct over her share in favor of Pedro. Even if the same was not in writing, the usufruct was still valid as between the parties thereto. Moreover, as held by the CA, private respondents' cause of action may not be barred by prescription because the same is tantamount to an action for partition. Under Article 494 of the Civil Code "each co-owner may demand at any time the partition of the thing owned in common." "At any time" means that the action for partition does not prescribed (Castro vs. Echarri, 20 Phil. 23; David vs. Bandin, 149 SCRA 140; Bautista vs. Gri�o-Aquino, 166 SCRA 790; De Guzman vs. CA, 148 SCRA 75).

ACCORDINGLY, the petition is hereby DENIED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


Back to Home | Back to Main

 

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE

PHILIPPINE SUPREME COURT DECISIONS

QUICK SEARCH

cralaw

 







chanrobles.com





ChanRobles Legal Resources:

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