Case Digest (G.R. No. 187451)
Facts:
Jesus Virtucio, represented by Abdon Virtucio, petitioner, v. Jose Alegarbes, respondent, G.R. No. 187451, August 29, 2012, the Supreme Court Third Division, Mendoza, J., writing for the Court. This is a Rule 45 petition for review on certiorari from the Court of Appeals' decision reversing a Regional Trial Court judgment in an action for recovery of possession and ownership with preliminary injunction.In 1949 Jose Alegarbes filed Homestead Application No. V-33203 for a 24-hectare tract in Banas, Lantawan, Basilan; the Bureau of Lands approved the application on January 23, 1952. In 1955 a public-land subdivision produced Lots 138–140 (Pls-19). Lot 139 was allocated to Ulpiano Custodio (Homestead No. 18-4493) and Lot 140 to Jesus Virtucio (Homestead No. 18-4421). Alegarbes protested the latter applications, claiming his original approval covered Lots 139 and 140.
On October 30, 1961 the Director of Lands denied Alegarbes' protest and amended Alegarbes' approval to exclude Lots 139 and 140, giving due course to the applications of Custodio and Virtucio. Alegarbes' administrative appeals were dismissed by the Secretary of Agriculture and Natural Resources (July 28, 1967) and later by the Office of the President (October 25, 1974), and a motion for reconsideration was denied. The Lands Management Bureau (DENR) issued an order of execution on May 11, 1989 directing Alegarbes to vacate the subject lot; Alegarbes did not comply.
In September 1997 Virtucio filed an action for Recovery of Possession and Ownership (Civil Case No. 685-627) before the Regional Trial Court (RTC), Branch 1, Isabela, Basilan. Alegarbes answered, contending among others that administrative decisions were void for lack of jurisdiction, that any patent to Virtucio was procured by fraud, and that he had acquired Lot 140 by acquisitive prescription because his possession had been open, continuous, peaceful and in the concept of an owner for more than thirty years; he also alleged that his deceased brother and family helped develop Lot 140 with permanent improvements since 1960.
The RTC rendered judgment on February 19, 2001 in favor of Virtucio, ordering Alegarbes to vacate Lot 140 and awarding attorney’s fees, litigation expenses and costs. Alegarbes appealed to the Court of Appeals (CA). On February 25, 2009 the CA reversed and set aside the RTC decision in CA-G.R. CV No. 72613, declaring Alegarbes the owner of Lot 140 by operation of law (ipso jure) based on acquisitive prescription and deleting the monetary awards. The CA reasoned that administrative decisions approving homestead applications were immaterial to the factual question whether Alegarbes had open, continuous and exclusive possession for over thirty years, and that only judicial action an...(Subscriber-Only)
Issues:
- Did Jose Alegarbes acquire ownership of Lot No. 140, Pls-19, by acquisitive prescription?...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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