Case Digest (G.R. No. L-27181)
Facts:
Sofia Gonzales Vda. de Delima v. Eleazar Tio, G.R. No. L-27181, April 30, 1970, the Supreme Court En Banc, Fernando, J., writing for the Court.The plaintiff-appellant, Sofia Gonzales Vda. de Delima, alleged ownership of a parcel of coconut land and filed a complaint on May 8, 1964 asserting two causes of action to recover that land and an adjoining parcel allegedly included without her consent. She averred that on August 27, 1936 her husband sold the property to Guillermo Tio (predecessor-in-interest of defendant Eleazar Tio) for P600 with an unlimited right of repurchase (pacto de retro); the land was paraphernal and jointly owned with her sister, who was not a party. The complaint also alleged that, a year or two after the 1936 transaction, plaintiff demanded return of the land but was persuaded to defer that demand.
Defendant moved to dismiss on November 16, 1964, contending the causes of action were barred by prescription and that he had acquired title by acquisitive prescription. The trial court (lower court) granted the motion and dismissed the complaint on November 15, 1966, holding the action barred by laches and by the statute of limitations; it expressly declined to decide acquisitive prescription, saying that adjudicating it would require a full presentation of evidence. Plaintiff appealed the di...(Subscriber-Only)
Issues:
- Was the action barred by laches and by the statute of limitations for actions to recover title or possession of real property?
- Could the defendant have acquired title by acquisitive prescription given the alleged long possession?
- Could the contract be treated as void or non-existent (thereby defeating prescription), or was it merely unenforceable and subject to limitat...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)