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.
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Case Summary (G.R. No. 9717)

Action to Fix Boundaries

  • The case involves an action to fix the boundaries of contiguous lands, as prescribed by Article 385 of the Civil Code.
  • The plaintiff, Jose Arguelles, claims ownership of a portion of land that the defendant, Toribia Montalvo, has usurped.
  • The disputed land measures 4 meters by 7.1 meters and is valued at P200.
  • The plaintiff seeks restoration of this land, along with P100 in damages and the costs of the suit.

Evidence and Testimony

  • The Court of First Instance of Batangas found the plaintiff's claims to be strongly supported by his testimony and corroborated by witnesses Graciano Babao and Gavino del Rosario.
  • Exhibits A, B, and C, presented by the plaintiff, were admitted as evidence.
  • The court concluded that the fence erected by the plaintiff on the northern boundary of his lot is the true dividing line between his property and that of the defendant.
  • The fence was built on the remains of an old fence that previously marked the boundary.

Court's Findings and Rulings

  • The court determined that the disputed portion of land is an integral part of the plaintiff's property.
  • The plaintiff provided evidence supporting his claim for P100 in damages, which the court found credible.
  • The judge ordered the defendant to restore possession of the disputed land to the plaintiff and to pay the claimed damages and costs of the suit.

Appeal and Affirmation of Judgment

  • The defendant appealed the trial court's decision.
  • The appellate court affirmed the trial court's ruling, agreeing that the preponderance of evidence supported the plaintiff's claims.
  • It was established that the plaintiff's fence was erected on the line of the old fence, and the defendant had not contested this boundary previously.
  • The law allows property owners to enclose their land, and the plaintiff had done so without objection from the defendant.

Property Titles and Legal Standards

  • The plaintiff presented property titles that describe his land's dimensions, which were accepted as correct unless contradicted by the defendant's titles or other evidence.
  • The law mandates that boundaries in actions to fix boundaries be determined according to the...continue reading

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