Case Digest (G.R. No. 171644)
Facts:
In Maximo Jagualing, Anuncita Jagualing and Misamis Oriental Concrete Products, Inc. v. Court of Appeals, Janita F. Eduave and Rudy G. Eduave (G.R. No. 94283, March 4, 1991), the dispute involves a 16,452-square-meter island formed in the non-navigable, non-flotable Tagoloan River at Sitio Sta. Cruz, Tagoloan, Misamis Oriental. Private respondents Janita and Rudy G. Eduave claimed title by inheritance from Felomino Factura, supported by a Deed of Extrajudicial Partition with Sale, tax declarations, boundary monuments erected by a hired surveyor, payment of taxes, a mortgage to Luzon Surety & Co., and a prior reconveyance compromise with co-heirs in CFI Civil Case No. 5892. They also held a gravel-extraction concession and agreement with Tagoloan Aggregates. Petitioners, who began occupying the island in 1969, asserted adverse possession, presented tax declarations under their names, improvements, photographs of occupancy, and a commissioner’s ocular inspection. The Regional TriaCase Digest (G.R. No. 171644)
Facts:
- Land in Dispute
- Parcel: Approximately 16,452 m² forming part of an island in the non-navigable, non-flotable Tagoloan River, Sta. Cruz, Tagoloan, Misamis Oriental; bounded north, south, east by the river and west by Vicente Neri’s land.
- Formation: Erosion by Typhoon Ineng (1964) created a small islet later enlarged by successive alluvial deposits; private respondents planted bananas by 1970.
- Private Respondents’ Claim
- Title and Possession: Janita F. Eduave inherited from Felomino Factura with co-heirs and acquired sole ownership by Deed of Extrajudicial Partition with Sale (Exh. D; 16,452 m²); tax declaration No. 26137. Continuous possession since 1949, survey monuments placed, taxes paid, improvements made, mortgaged to Luzon Surety Co.
- Additional Acts of Ownership: Reconveyance compromise (CIV 5892) yielded 1,289 m² as Lot 62-A (Pls-799-Psd-10-001782); mining concession for gravel (Exhs. G–G-2); gravel extraction agreement with Tagoloan Aggregates (Exhs. L–L-2; registered M–M-2).
- Petitioners’ Claim
- Possession: Maximo and Anuncita Jagualing, and Misamis Oriental Concrete Products, Inc., occupied the island since 1969, erected house and improvements; paid taxes under Decl. No. 26380 (Exh. 4), receipts (Exhs. 7–7-G), clearances (Exhs. 8–9).
- Evidence: Photographs of occupation (Exhs. 11–11-E), ocular-inspection report (Exh. G), sketch plan showing access via 68 m of river (Exh. 12).
- Trial and Appellate History
- RTC (Cagayan de Oro, Branch 22): Dismissed private respondents’ quiet title suit (17 July 1987); held island part of public domain (Art. 420), outside commerce; recognized petitioners’ possession and preferential use rights.
- CA (15th Div., 15 June 1990): Reversed RTC; applied Arts. 463 and 465, declared private respondents lawful owners, ordered petitioners to vacate.
- SC Petition: Petitioners allege misapplication of Arts. 463 & 465 and grave abuse of discretion by CA.
Issues:
- Whether the Court of Appeals correctly applied Articles 463 and 465 of the Civil Code to determine ownership of an island formed in a non-navigable, non-flotable river.
- Whether the Court of Appeals gravely abused its discretion in reversing the RTC decision.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)