Title
Duran vs. Pagarigan
Case
G.R. No. L-12573
Decision Date
Jan 29, 1960
Paulina Duran claimed land donated by her grandfather, contested by Bernardino Pagarigan, who asserted ownership via a 1919 verbal contract ratified in 1936. The Supreme Court upheld Pagarigan’s possession, citing the statute of limitations and denying Duran’s petition due to lack of excusable neglect.
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Case Digest (G.R. No. L-12573)

Facts:

  1. Ownership Claim: Paulina Duran filed a case in the Court of First Instance of Cagayan on July 7, 1953, seeking to recover possession of 1.5 hectares of land in Sanchez Mira, Cagayan. She claimed the land was donated to her by her grandfather, Antonio Duran, and that Bernardino Pagarigan had usurped it in December 1948. The land contained 130 coconut trees yielding an annual income of P500.
  2. Defendant's Defense: Bernardino Pagarigan countered that he acquired the land through a verbal contract with Ignacio Duran (Paulina’s father) in 1919, later ratified in a public instrument on March 11, 1936. He also claimed that in 1936, he paid P20 to Paulina and her father to settle a prior case involving the land. He argued that Paulina’s claim was barred by the statute of limitations.
  3. Trial Court Findings: The trial court found that Pagarigan had been in possession of the land since 1919, acquired through an exchange with Ignacio Duran for a carabao worth P80. The court also noted that Pagarigan built a house on the land in 1936 and that the Duran family had respected his possession after the 1936 settlement. However, the court ruled that Pagarigan was occupying more land than what was covered by the deed of sale and ordered him to return the excess portion to Paulina.
  4. Post-Judgment Motions: Paulina filed a petition to set aside the judgment on November 30, 1954, citing fraud, mistake, and excusable neglect. The court denied her petition and subsequent motion for reconsideration, leading to her appeal to the Supreme Court.

Issue:

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Ruling:

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Ratio:

  1. Validity of Acquisition: A verbal contract of sale, when ratified by a public instrument and followed by continuous possession, is valid and enforceable.
  2. Statute of Limitations: A claimant must assert their rights within the statutory period; failure to do so bars the claim.
  3. Excusable Neglect: Negligence of counsel in failing to inform the client of an adverse judgment does not constitute excusable neglect sufficient to set aside a valid judgment. Notice to counsel is deemed notice to the client.


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