Title
Amar vs. Pagharion
Case
G.R. No. L-8025
Decision Date
May 30, 1956
Heirs failed to repurchase land within statutory period; defendant's 22-year possession vested title by prescription, barring plaintiffs' claim.
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Case Summary (G.R. No. L-8025)

Case Overview

This case involves a legal action initiated by plaintiffs Jose Amar and others against defendant Timoteo Pagharion concerning the recovery of title and possession of a parcel of land, claims for damages, and costs. The plaintiffs seek to enforce a right of repurchase against the defendant, who contends that the action is barred by prescription.

Parties Involved

  • Plaintiffs: Jose Amar, Esperanza Amar, Ildefonso Amar, Toribio Amar, Bernardo Amar, Dolores Amar, Antonio Amar
  • Defendant: Timoteo Pagharion

Background Facts

  • The land in question was inherited by the plaintiffs from their deceased mother, Carmen Nacionales.
  • On April 16, 1926, the land was sold under a pacto de retro sale to Anastacia Y. de Espanola.
  • The plaintiffs repurchased the land on October 27, 1927, with funds advanced by the defendant, Timoteo Pagharion.
  • Following the repurchase, the defendant was given possession of the land.
  • The land generates agricultural produce, which is relevant for valuation.

Legal Principles

Prescription of Action

  • Definition: Prescription refers to the loss of a right due to the expiration of a legally defined period within which an action must be initiated.
  • Key Provision: The action to repurchase land must be filed within a prescribed period, which under the old Civil Code was four years.

Transfer of Possession

  • Nature of Transfer: The transfer of possession from the plaintiffs to the defendant may indicate an assignment of rights or a new sale contract with a repurchase right.
  • Implication: The execution of the sale and subsequent possession by the defendant indicate that the right to repurchase may have lapsed.

Important Requirements and Timeframes

  • Repurchase Period: The plaintiffs had a four-year period to exercise their right of repurchase, which they failed to do.
  • Elapsed Time: Over 22 years elapsed from the time the defendant took possession (October 27, 1927) until the filing of the complaint (December 7, 1949), surpassing the legal timeframe for action.

Consequences

  • Dismissal of Complaint: The court dismissed the plaintiffs' complaint due to expiration of the repurchase right.
  • Costs: The plaintiffs are liable for costs incurred in the litigation process.

Cross-References to Other Laws

  • Old Civil Code: Article 1508 regarding time limits for exercising the right of repurchase.
  • Act No. 190: Sections concerning the effects of possession and prescription.

Key Takeaways

  • The plaintiffs' right to repurchase the land was extinguished due to the long lapse of
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