Facts:

• Silvestra Lubrico filed a case against Leona Arbado on June 30, 1906, for the recovery of possession of 18 hectares of land.
• Lubrico claimed that the land belonged to her deceased father, Guillermo Lubrico, and that she was the sole general heir.
• Lubrico alleged that Arbado had unlawfully appropriated a portion of the land and had been collecting the fruits from it for three years without Lubrico's permission.
• Arbado denied the allegations and claimed that she was the owner of the land, having possessed it for over forty-three years, including the time her ancestor was in possession.
• Arbado argued that Lubrico had no right to claim ownership over the land.

Issue:

• (Unlock)

Ruling:

• The court ruled in favor of Silvestra Lubrico, ordering Leona Arbado to return the unlaw...(Unlock)

Ratio:

• In order for an action for the recovery of possession to be maintained, the property claimed must be identified, and the ownership of the plaintiff must be proven.
• Lubrico was able to establish her ownership through documentary evidence, including a title deed issued in favor of her father.
• Arbado failed to provide any evidence of her ownership or the manner in which her ancestor acquired the land.
• Arbado's possession of the land for over forty-three years did not give her a better right of ownership once it was shown that her possession was unlawful and to the prejudice of the true owner.
• Lubrico, as the proven owner, had the right to recover the land from Arbado.
• Arbado, being...continue reading