G.R. No. 161720 - Heirs of Restar vs. Heirs of Cichon

Emilio Restar died intestate in 1935, leaving eight children as compulsory heirs: Flores, Dolores, Perpetua, Paciencia, Dominica, Policarpio, Maria, and Adolfo.
A parcel of land (Lot 3177, 5,918 square meters) located in Barangay Carugdog, Lezo, Aklan, was part of Restar’s estate.

In 1960, Flores Restar, the eldest child, executed a Joint Affidavit with one Helen Restar on July 12, 1959, which led to the cancellation of the tax declaration in Restar’s name covering the land and issuance of a new tax declaration in Flores’s name (Tax Declaration No. 11134).
Flores died on June 10, 1989.

On November 5, 1998, the co-heirs of Flores discovered the cancellation of the original Restar tax declaration and the issuance of a tax declaration in Flores’s name.
On January 21, 1999, the heirs of Flores’s deceased sisters Dolores, Perpetua, and Maria, along with surviving sisters Dominica and Paciencia, filed a complaint against Flores’s heirs for partition, nullity of documents, ownership with damages, and preliminary injunction before the Regional Trial Court (RTC).
Flores’s brothers Policarpio and Adolfo were also made defendants but acted as unwilling co-plaintiffs.

They received shares of palay (rice) from the lot during and even after Flores’s lifetime until 1991.
Esmenia Restar (Flores’s widow) requested to hold on to the property to finance their children’s education, which plaintiffs agreed to under the condition that partition would happen after the children finished schooling.
The heirs of Flores refused to partition the lot, claiming full ownership as they inherited it from Flores.

Possession of the lot in the concept of owner for over 30 years, with payment of realty taxes.
Denied sharing produce with plaintiffs or the request by Esmenia; claimed children already finished education by 1977.
Claimed a 1945 transfer of other parcels to siblings, and an extra-judicial partition executed in 1973 dividing other properties but excluding the lot in question.

Defendant Adolfo claimed there was no cause of action against him due to his non-objection to partition.
Defendant Policarpio claimed ownership of a portion of the lot through a 1981 Deed of Absolute Sale from Flores.

Trial court: Flores’s share was not the lot but another cadastral lot; however, found Flores and his heirs repudiate co-ownership sufficiently to acquire ownership by prescription.
The 1981 Deed of Sale to Policarpio was discredited due to inconsistencies in Flores’s signature and the physical condition of Flores (paralyzed and bedridden at that time).
Complaint dismissed by RTC decision of June 30, 1999.

Heirs of Flores failed to prove exclusive possession or repudiation of co-ownership.
Plaintiffs’ failure to immediately sue was excused due to forbearance toward Flores.
Deed of Sale to Policarpio was rejected.

Whether the heirs of Flores Restar acquired ownership of the contested lot by acquisitive prescription.
Whether possession by the heirs of Flores was adverse, exclusive, continuous, and notorious, satisfying the requirements for extraordinary prescription despite co-ownership.
Whether the Court of Appeals erred in reversing the trial court's finding of ownership by prescription in favor of the heirs of Flores.