Title
Kiamco vs. Court of Appeals
Case
G.R. No. 96865
Decision Date
Jul 3, 1992
Marcelino Kiamco challenges the Court of Appeals' decision, which ruled in favor of Jose Deguilmo and his heirs, stating that they have acquired ownership of a disputed property through acquisitive prescription, leading to the Supreme Court affirming the decision based on the adverse possession of Jose Deguilmo for more than twenty years.
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Case Digest (G.R. No. 96865)

Facts:

  • Faustino Maningo sold the disputed property to spouses Pedro and Teresa Villamor in 1948.
  • Faustino later asked his father-in-law, Jose Deguilmo, to buy the land from the Villamors.
  • On January 10, 1950, the Villamor spouses allegedly sold the land to Jose Deguilmo.
  • Jose immediately took possession of the property, introduced improvements, and paid taxes on it.
  • Faustino Maningo did not return to Cebu for more than twenty years.
  • In 1973, Faustino tried to forcibly take possession of the property but failed.
  • Faustino then executed a deed of sale in favor of Marcelino Kiamco.
  • Marcelino filed a complaint for quieting of title and recovery of possession against Jose Deguilmo.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled in favor of Jose Deguilmo and his heirs.
  • Jose Deguilmo acquired ownership of the disput...(Unlock)

Ratio:

  • The court held that Jose Deguilmo's adverse possession of the property for more than twenty years was sufficient for acquisitive prescription.
  • The period for acquiring land by prescription under the old law was only ten years, regardless of good faith or bad faith.
  • Since Jose Deguilmo had possessed the property since 1950, before t...continue reading

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