G.R. No. 139136 - Lubos vs. Galupo

The subject matter is a parcel of land with an approximate area of 10.8224 hectares, located in Sitio Naganaga, Barrio Cababtuan, Municipality of Pambujan, Northern Samar.
The property was originally tax declared in the name of Victoriana Dulay under Tax Declaration No. 17056.

It is alleged that on January 28, 1928, a private instrument written in Spanish entitled “Escritura de Compra y Venta” was executed in which Victoriana Dulay, together with her son Restituto D. Merino, sold the property to Juan Galupo.
Upon the death of Juan Galupo, the land was inherited by his son, Mansueto Galupo, Sr., who, in 1952, obtained the cancellation of the original Tax Declaration No. 17056 and was issued a new Tax Declaration No. 24041 in his name.
Further. in 1985, pursuant to the general revision under P.D. 1621, Tax Declaration No. 24041 was superseded by Tax Declaration No. 3393, still in the name of Mansueto Galupo, Sr.
Following the death of Mansueto Galupo, Sr. in 1981, the plaintiffs, being his children from two marriages, claim inheritance of the property.

In 1984, the plaintiffs discovered that the land was being occupied by tenant farmers of defendant Lina Abalon Lubos.
Investigation with the Office of the Municipal Assessor revealed that the original Tax Declaration No. 17056 had been “re-assessed” in the name of Lina Abalon Lubos, who obtained a new Tax Declaration No. 34286, while the declaration in the father’s name had been removed from the records.
On or about November 16, 1990, defendant Lina Abalon Lubos sold a portion of the property (measuring 26,670 square meters) to Alicio Poldo, married to Teresita Poldo.
In response, the plaintiffs filed a complaint seeking the annulment of this sale and a declaration that they were the lawful and absolute owners of the subject lot.

Defendant Lina Abalon Lubos contended that the land was originally owned solely by Victoriana Dulay, who was her great grandmother.
According to her version, Victoriana Dulay sold the property to her father, Juan F. Abalon, who possessed the land for over thirty years until he sold it to her in 1975.
Following this transaction, she canceled Tax Declaration No. 17056 and had Tax Declaration No. 34286 issued in her name.
She further argued that her sale of a portion of the land to the spouses Poldo was valid and was executed in good faith.

On November 26, 1992, the trial court rendered a decision in favor of the plaintiffs. The judgment included:

Declaring the plaintiffs as the exclusive and absolute owners of the parcel of land.
Annulment of the sale executed by defendant Lina Abalon Lubos of the portion sold to the Poldos.
Cancellation of Tax Declarations Nos. 34286 and 703 in favor of the defendant.
Awarding of damages, attorney’s fees, and litigation expenses against the defendants.
Ordering the defendants to vacate the premises and deliver possession to the plaintiffs.

Defendant Lina Abalon Lubos and the spouses Poldo appealed the decision to the Court of Appeals, which, on August 29, 1997, affirmed the trial court’s decision in toto.
Subsequent to the appeal, Lubos filed a motion for reconsideration with the Court of Appeals on October 21, 1997, which was denied.
The present appeal was then brought before the Supreme Court.

Who among the parties has a superior claim or title to the subject lot as a result of the competing chains of title?

Whether petitioner Lina Abalon Lubos acquired the land through acquisitive prescription given her period of possession and the requirements for both ordinary and extraordinary prescription.

Whether the evidence presented—particularly the “Escritura de Compra y Venta” and the testimonies of tenant witnesses—satisfies the necessary legal standards to establish a valid chain of title and good faith possession.