Title
Arguelles vs. Montalvo
Case
G.R. No. 9717
Decision Date
Jul 21, 1915
Dispute over a 4m x 7.1m land strip between adjoining properties; plaintiff's ownership upheld based on evidence, defendant ordered to restore possession and pay damages.

Case Summary (G.R. No. 241834)

Factual Background

The case involves a dispute over a 4-meter by 7.1-meter strip of land that lies between the properties of the plaintiff, Jose Arguelles, and the defendant, Toribia Montalvo. The plaintiff claims ownership of this strip, alleging that the defendant unlawfully took possession of it. Arguelles seeks a court declaration affirming his ownership, restoration of the property, and compensation for damages amounting to P100.

Trial Court Findings

The trial court, after evaluating the testimonies from the plaintiff and his witnesses, found that Arguelles' claims were substantiated. It noted that the fence erected by the plaintiff along his northern boundary was indeed the historical limit between the two properties, as it was built upon the site of an older fence that previously marked the boundary. Consequently, the court concluded that the disputed strip was an integral part of Arguelles' property.

Evidence and Property Rights

The court emphasized that the evidence presented by the plaintiff was preponderant, highlighting the absence of any complaint from the defendant regarding the historical boundary established by the old fence. Under Article 388 of the Civil Code, property owners have the right to enclose their properties, and the court recognized that Arguelles had enclosed his property appropriately.

Property Title Considerations

Arguelles introduced his property titles as Exhibits A, B, and C, which delineated the dimensions of his land. The titles measured 2212 varas in length and indicated that the removal of the disputed strip would significantly diminish the plaintiff's property. The evidence was established as correct unless invalidated by the defendant providing contrary documentation, which Montalvo failed to do.

Legal Principles Applicable

The tribunal invoked Article 385 of the Civil Code, which stipulates that boundaries in disputes should be determined based on the property titles presented by each owner. The absence of rebuttal from the defendant regarding these titles further corroborated the plaintiff's claim.

Decision and Outcome

The appellate court upheld the trial court's ruling, affirming the decision to restore the strip of land to Arguelles and requiring Montalvo to pay P100

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