Title
Calicdan vs. Cendana
Case
G.R. No. 155080
Decision Date
Feb 5, 2004
A 760-sqm land dispute arose after Fermina donated it to Silverio in 1947. Despite the void donation, Silverio gained ownership through 45 years of adverse possession, upheld by the Supreme Court.

Case Digest (G.R. No. 155080)
Expanded Legal Reasoning Model

Facts:

  • A 760-square-meter parcel of unregistered land in Poblacion, Mangaldan, Pangasinan was formerly owned by Sixto Calicdan, who died intestate in 1941, leaving behind his wife, Fermina, and three children.
  • In 1947, Fermina executed a deed of donation inter vivos conveying the land to respondent Silverio CendaAa, who thereafter entered into possession, fenced the property, and built a two-storey residential house, residing in it until his death in 1998.
  • On June 29, 1992, petitioner Soledad Calicdan (represented by her guardian Guadalupe Castillo) filed a complaint for recovery of ownership, possession, and damages, contending that the donation was void. She argued that Fermina could not validly donate the land since it was inherited by Sixto and did not form part of the conjugal property, and that the respondent had merely exercised possession that she had tolerated.
  • Respondent countered that the donation was valid and that he had been in public, peaceful, continuous, and adverse possession of the land for 45 years. He further advanced that petitioner’s claim was barred by a prior judgment excluding the land from her inventory in special proceedings concerning her incompetence.
  • The Regional Trial Court ruled in favor of the petitioner on November 12, 1996, ordering respondent to vacate the land and to pay damages. However, on appeal, the Court of Appeals reversed the decision, upheld the donation’s validity, and held that petitioner had lost her right by prescription.
  • In reviewing the case, the Supreme Court noted conflicting factual findings between the trial court and the Court of Appeals, particularly regarding the basis of the donation, reliance on hearsay testimony, and the nature of respondent’s long and adverse possession, which raised issues of acquisitive prescription.

Issues:

  • Whether the deed of donation inter vivos executed by Fermina is valid, given that she possessed only usufruct rights over the property and not full ownership.
  • Whether the petitioner lost her ownership of the land by prescription, in light of respondent’s more than 45 years of adverse, continuous, and public possession.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources.