Title
Bishop of Cebu vs. Mangaron
Case
G.R. No. 1748
Decision Date
Jun 1, 1906
The Catholic Church, claiming ownership from time immemorial, successfully sued to recover land in Ermita, Manila, after defendant's unlawful re-entry in 1898 without legal proof of title.

Case Summary (G.R. No. 110068)

Summary of the Complaint

The case arises from a complaint seeking the recovery of possession of a tract of land located in the Ermita district, which was occupied by the respondent, Mariano Mangabon. The original complaint sought possession, while the amended complaint aimed to declare the land as property of the Catholic Church and to restore it to the plaintiff.

Evidence Presented

Neither party provided title documents for the land; instead, they offered parol evidence regarding their respective previous possession and acts of ownership. The trial court found that the defendant's family had occupied the land until around 1877 and that, following a municipal order citing the land as a fire zone, they vacated without objection. Subsequently, parish priests enforced control over the land.

Claim to Possession

The plaintiff claimed that the land had belonged to the Catholic Church for a long time and that the defendant's family occupied it only with the Church's tolerance. Meanwhile, the defendant initiated unauthorized occupation in 1898, which the court deemed illegal. It observed that a peaceful possession existed until the defendant's wrongful re-entry.

Issues of Ownership and Inheritance

The defendant claimed ownership via inheritance; however, the court clarified that the dispute centered solely on the right to possession rather than ownership. The trial court noted that the defendant's siblings had not claimed any rights over the land, favoring the plaintiff's credibility regarding possession.

Legal Foundation

The court reiterated that if a person believes to possess a right over a property, they must not take the law into their own hands but instead seek judicial remedies. This principle is aligned with Article 441 of the Civil Code, which stipulates the legal necessity for seeking redress through appropriate legal channels rather than through self-help.

Prescription and Continuous Possession

The defendant's claim established possession from 1877 to 1898; however, the court addressed the interruption of possession, noting that the intervening period did not satisfy statutory requirements for possession prescription, thus nullifying his argument for legitimizing his later occupation.

Actionable Remedies

The court indicated that the defendant's unlawful actions in occupying the land did not restore any possession rights; rather, it emphasized the need for formal claims through judicial processes to resolve ownership disputes.

Accion Publiciana

A significant legal issue arose regarding the existence and applicability of the accion publiciana, which deals with recovering possession before title claims are established

...continue reading

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.