Facts:

• Plaintiff, Pedro del Rosario, claimed ownership of a piece of agricultural land in Bohol, Philippines.
• He alleged that he acquired half of the land through original cultivation and exclusive possession for about thirty years, and the other half through purchase.
• Defendant, Tomas Celosia, was accused of usurping and appropriating the land without lawful reason and refusing to return it to the plaintiff.

Issue:

• (Unlock)

Ruling:

• The court ruled in favor of the defendant and dismissed the plaintiff's action for recovery of possession.
• The court held that the plaintiff failed to prove ownership of the land, and therefore, the person in possession, the defendant, must be respected.
• The court also noted that the plaintiff had previously brought an action for restitution of possession before the justice of the pe...(Unlock)

Ratio:

• The court emphasized that the action for recovery of realty is different from a plenary action to recover possession.
• The former aims to recover dominion over the property as an owner, while the latter seeks restitution of possession only.
• In this case, since the plaintiff's action for recovery of possession had been dismissed, he could only maintain an action for recovery based on ownership.
• However, the plaintiff failed to prove ownership, and the defendant's possession wa...continue reading