Title
Asuncion vs. Benalisa
Case
G.R. No. L-10058
Decision Date
Jan 31, 1957
Dispute over property donated via propter nuptias; defendants claim adverse possession and prescription, case remanded for evidence on validity and prescription.

Case Summary (A.M. No. MTJ-00-1320)

Allegations and Defenses

The defendants admitted to the donation; however, they presented several defenses, including that Pascuala Ilustre had cohabited with Severo Asuncion after the death of her first husband, Pablo Benalisa, and that they had been denied the opportunity to take possession of the property. The defendants asserted that the plaintiffs' rights had been extinguished due to their failure to assert their claim within the statutory period, arguing that previous actions of the plaintiffs constituted a forfeiture of their claim.

Stipulation of Facts and Court Proceedings

The parties submitted a stipulation of facts, which the court approved. It confirmed that the donation was valid and recognized the marriage between Pascuala and Pablo. However, the court opted not to conduct a trial but instead ordered the submission of memoranda addressing the validity and current standing of the donation. After reviewing the memoranda, the court declared the plaintiffs as the rightful owners of the disputed property, granting them possession.

Appeal and Jurisdiction

The defendants appealed the decision to the Court of Appeals, which referred the appeal to a higher court because it involved a question of law. The court scrutinized the decision on the basis of the laws relevant to the case, particularly focusing on the defense raised by the defendants regarding the prescription of action.

Legal Considerations: Prescription

The court recognized that the cause of action arose over twenty years prior, thus subjecting it to the relevant provisions of law governing prescription. Specifically, Section 40 of Act No. 190 was highlighted, which states that actions for recovery of title or possession of real property must be filed within ten years. The defense of prescription could defeat the plaintiffs’ claim if the factual allegations supporting this defense were substantiated.

Failure to Receive Evidence

The court determined that the lower court failed to receive evidence regarding the defendants' claims, which are critical for establishing the defense of prescription based on adverse possession. The ruling that the defendants were holding the property in trust for the plaintiffs was deemed flawed bec

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