Title
Vda. de Aviles vs. Court of Appeals
Case
G.R. No. 95748
Decision Date
Nov 21, 1996
Heirs of Eduardo Aviles disputed a 1,200-sqm boundary with Camilo Aviles. SC ruled quieting of title improper; boundary disputes require ejectment suits, not title resolution.

Case Digest (G.R. No. 95748)
Expanded Legal Reasoning Model

Facts:

  • Parties and Property
    • Plaintiffs: Anastacia Vda. de Aviles and siblings as heirs of Eduardo Aviles, actual possessors since 1957 of an 18,900 sq. m. parcel in Malawa, Lingayen, Pangasinan (Tax Decl. No. 31446).
    • Defendants: Camilo Aviles (brother) and boundary neighbors Juana and Apolonio Joaquin.
  • Partition and Possession History
    • June 8, 1957 agreement of partition among Ireneo and Anastacia’s heirs: Eduardo allotted ~16,111 sq. m.; Anastacio ~16,214 sq. m.; Camilo ~14,470 sq. m.
    • Eduardo mortgaged the property, foreclosed, then redeemed by his wife (plaintiffs’ mother) and declared in her name.
  • Disputed Encroachment
    • In March 1983, Camilo asserted color of title over ~1,200 sq. m. at the northern boundary by erecting a bamboo fence and moving earthen dikes.
    • Camilo admits the partition agreement but claims the boundary fence merely “repaired the old fence”; his tax declarations Nos. 23575, 481, 379 (from 1958) cover 14,470 sq. m., though he actually occupies 12,686 sq. m.
  • Trial Court Proceedings
    • Trial court ordered the Bureau of Lands surveyor to relocate and fix Camilo’s southern boundary for his 14,470 sq. m. share.
    • Complaint for quieting of title dismissed for lack of merit; plaintiffs ordered to pay Camilo ₱2,000 attorney’s fees and costs.
  • Court of Appeals Decision
    • Affirmed dismissal: held that quieting of title is not the proper remedy for boundary disputes (ejectment appropriate).
    • Reversed surveyor-ordering clause of the trial court decision.

Issues:

  • Proper Remedy
    • Is a special civil action for quieting of title under Rule 64 the proper remedy to settle a boundary dispute, or should ejectment have been filed?
  • Determination of Rights
    • Should the Court of Appeals have fully declared the respective rights of the parties over the disputed parcel?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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