Case Digest (G.R. No. 77294)
Facts:
The case involves Angelica Viajar and Celso Viajar, plaintiffs-appellants, against the Court of Appeals and the Ladrido family (Leonor P. Ladrido, Lourdes Ladrido Ignacio, Eugenio P. Ladrido, and Manuel P. Ladrido), defendants-appellees. The dispute concerns ownership and possession of a parcel of land in Pototan, Iloilo. The properties involved were Lot No. 7511 registered under the names of spouses Ricardo Y. Ladrido and Leonor P. Ladrido, and Lot No. 7340 owned by spouses Rosendo H. and Ana Te. On September 6, 1973, Rosendo and Ana Te sold Lot No. 7340 to Angelica and Celso Viajar, who later obtained a Torrens title to the property. However, upon relocation of Lot No. 7340, Angelica discovered that this property was in possession of Ricardo Ladrido, who refused to return it. Consequently, on February 15, 1974, Angelica and Celso filed a civil action for recovery of possession and damages against Ladrido. The complaint was later amended to include Rosendo Te as a defendant an
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Case Digest (G.R. No. 77294)
Facts:
- Parties and Ownership
- Spouses Ricardo Y. Ladrido and Leonor P. Ladrido owned Lot No. 7511 in barangay Cawayan, Pototan, Iloilo, with an area of 154,267 square meters, registered under Transfer Certificate of Title No. T-21940.
- Spouses Rosendo H. Te and Ana Te owned Lot No. 7340 of the Cadastral Survey of Pototan.
- Sale and Transfer of Lot No. 7340
- On September 6, 1973, Rosendo H. Te, with Ana Te’s consent, sold Lot No. 7340 to Angelica F. Viajar and Celso F. Viajar for ₱5,000; a Torrens title was issued to the Viajars.
- Upon relocation of Lot No. 7340 boundaries, Angelica F. Viajar found the property in possession of Ricardo Y. Ladrido. She demanded its return, but Ladrido refused.
- Legal Action and Succession
- On February 15, 1974, Angelica and Celso Viajar filed a civil action for recovery of possession and damages against Ricardo Y. Ladrido (Civil Case No. 9660, Court of First Instance of Iloilo).
- Ladrido answered with a counterclaim; case was amended to include Rosendo H. Te as a defendant, with claims for annulment of sale and restitution of purchase price.
- During the case, Celso Viajar sold his rights over Lot No. 7340 to Angelica Viajar, making her the sole registered owner.
- Defendant Ladrido died on May 25, 1978, and was substituted by his wife Leonor P. Ladrido and children Lourdes Ladrido-Ignacio, Eugenio P. Ladrido, and Manuel P. Ladrido.
- Admitted Facts During Pre-trial
- Lot No. 7340 (20,089 sq.m.) was located in barangay Guibuanogan, Pototan, Iloilo.
- In 1926 cadastral survey, Lots No. 7511 and 7340 were separated by the Suague River.
- Of Lot No. 7340, 11,819 sq.m. was in possession of defendants and 14,036 sq.m., the former riverbed of Suague River, was also possessed by defendants.
- Plaintiffs never had actual physical possession of Lot No. 7340.
- Trial Court Decision (December 10, 1981)
- The court ruled in favor of the defendants: dismissed plaintiffs’ complaint, declared defendants owners of Lots A and B (totaling approximately 25,855 sq.m.), and awarded possession to defendants.
- Claim for moral damages and attorney’s fees of the defendants were denied.
- Appeals and Assignments of Error
- Plaintiffs appealed, alleging:
- Error in not holding plaintiffs entitled to Lot B and one-half of Lot A.
- Error in not awarding damages to plaintiffs.
- The Court of Appeals affirmed the trial court’s decision (December 29, 1986), confirming that the change in the Suague River’s course was gradual, not sudden.
Issues:
- Whether the change in the course of the Suague River was sudden (avulsion) as claimed by plaintiffs or gradual (accretion) as contended by defendants.
- Assuming gradual change, whether the plaintiffs are entitled to Lot B and one-half of Lot A as shown in the survey plan.
- Whether plaintiffs are entitled to damages for the alleged wrongful withholding of possession.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)