Title
Atun et al. vs. Nunez
Case
G.R. No. L-8018
Decision Date
Oct 26, 1955
Heirs of registered landowner sued for recovery of property, claiming imprescriptible rights under Torrens system; Supreme Court ruled in their favor, reversing dismissal based on prescription.

Case Summary (G.R. No. L-8018)

Procedural Background

The complaint was filed on August 7, 1950, following a history of possession that commenced when the plaintiffs inherited the land from their widowed aunt, Estefania Atun, who had died without issue. The plaintiffs claimed that they had initially possessed the land from 1927 to 1930, after which they allowed Silvestra Nunez, the sister of defendant Eusebio Nunez, to cultivate the land in exchange for part of the harvest. However, in 1940, Eusebio Nunez assumed control of the property and subsequently sold it to Diego Belga.

Dismissal Grounds

The lower court dismissed the complaint on the grounds of the prescription of action, asserting that the plaintiffs’ right to file for recovery had expired as the action was filed after a ten-year period following their loss of possession in 1940. Additionally, the court stated that the plaintiffs failed to demonstrate a superior title over the defendants, who were presumed to possess the land lawfully.

Legal Principles and Prescription

In addressing the appeals, it was determined that the trial court erred in its dismissal. Notably, the land in question was covered by a Torrens title registered in Estefania Atun's name. According to Section 40 of Act 496, no title to registered land can be acquired through prescription or adverse possession against the rights of the registered owner. Jurisprudence confirms that the registered owner's right to recover possession is imprescriptible, meaning it cannot be lost through the mere passage of time.

Ownership and Heirs' Rights

The ruling further clarified that characteristically, from the perspective of law, the rights of hereditary successors to reclaim registered property are no different from those of the deceased owner, as the ownership rights do not change upon succession. The plaintiffs qualified as legal heirs of Estefania Atun and could file for recovery of

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