Case Digest (G.R. No. 71283)
Facts:
Miguel Escritor, Jr., et al. v. Intermediate Appellate Court and Simeon Acuna, G.R. No. 71283, November 12, 1987, Supreme Court First Division, Gancayco, J., writing for the Court.The petitioners are the heirs of Miguel Escritor (hereafter petitioners); the respondents are the Intermediate Appellate Court and Simeon Acuna (respondent Acuna). The dispute concerns Lot No. 2749 in Atimonan, Quezon, which was the subject of cadastral proceedings in the Court of First Instance of Quezon, Gumaca Branch (Cadastral Case No. 72).
On May 15, 1958 the cadastral court rendered a decision adjudicating Lot No. 2749 in favor of claimant Miguel Escritor, finding he acquired the land by inheritance and had open, continuous, exclusive and notorious possession. On July 15, 1958 the cadastral court ordered the issuance of the corresponding decree of registration, declaring its decision final; Escritor thereafter took possession.
On August 2, 1958 respondent Simeon S. Acuna filed a petition for review of the cadastral decision alleging fraud and misrepresentation. The petition for review was granted on July 18, 1960 and a new hearing was set for September 13, 1960. During the pendency of the review proceedings Miguel Escritor died and his heirs (the petitioners) continued in possession.
On February 16, 1971 the cadastral court readjudicated Lot No. 2749 in favor of respondent Acuna and ordered the petitioners to vacate; a writ of possession issued and petitioners gave up possession. On October 13, 1975 respondent Acuna filed Civil Case No. 1138‑G in the same Court seeking recovery of damages for the fruits of the land allegedly taken or enjoyed unlawfully for thirteen years. The trial court dismissed Acuna’s complaint, finding petitioners were in good faith, possessing under a just title, and that any cause of action had prescribed.
Respondent Acuna appealed to the Intermediate Appellate Court (IAC). In AC‑G.R. No. CV‑01264‑R the IAC reversed on October 31, 1984, holding petitioners were possessors in bad faith from 19...(Pro-only)
Issues:
- Were the petitioners liable to respondent Acuna for damages as possessors in bad faith for the fruits of Lot No. 2749 for the 13‑year period?
- If the predecessor (Miguel Escritor) was in bad faith, is that bad faith transmissible to his heirs?
- Did respondent Acuna prove fraud in the cadastral registration sufficient to impute bad faith and...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)