Title
Calicdan vs. Cendana
Case
G.R. No. 155080
Decision Date
Feb 5, 2004
A 760-sqm land dispute arose after Fermina donated it to Silverio in 1947. Despite the void donation, Silverio gained ownership through 45 years of adverse possession, upheld by the Supreme Court.
A

Case Summary (G.R. No. 11513)

Factual Background

On August 25, 1947, Fermina Calicdan executed a deed of donation inter vivos conveying the aforementioned land to Silverio CendaAa. Following this, Silverio took possession of the property, fencing it and constructing a two-storey residential house where he lived until his death in 1998. On June 29, 1992, Soledad, through her guardian, filed a complaint for Recovery of Ownership, Possession, and Damages against Silverio, asserting that the donation was void and claiming that he had taken advantage of her incompetence.

Trial Court Proceedings

In the trial court, Silverio argued that the donation was valid and that he had possessed the land publicly, peacefully, continuously, and adversely for over 45 years. He also claimed that Soledad's complaint was barred by a previous judgment that excluded the land from her inventory in guardianship proceedings. On November 12, 1996, the Regional Trial Court favored the petitioner, declaring the donation void and ordering Silverio to vacate the land and pay damages.

Court of Appeals Decision

The Court of Appeals reversed the trial court's decision, declaring the donation valid and asserting that Soledad had lost ownership of the property through prescription. The appellate court found that the donation was legally executed and that the respondent's possession of the land fulfilled the requirements for obtaining ownership through prescription.

Legal Issues Presented

The Supreme Court examined two primary issues: (1) the validity of the donation inter vivos made to the respondent, and (2) whether the petitioner had lost ownership through prescription. The Court's jurisdiction in reviewing these claims is limited to errors of law, absent grave abuse of discretion or conflicting factual findings between the lower courts.

Conflict in Factual Findings

The Supreme Court identified a discrepancy between the factual findings of the trial court and the Court of Appeals, warranting a review of the case's evidence. The trial court determined that Fermina, at the time of the donation, lacked the authority to convey ownership of the land, asserting that it had not formed part of their conjugal property and therefore could not be validly donated.

Analysis of Hearsay Evidence

The Court noted that the respondent could not substantiate the validity of the donation during cross-examination, relying instead on hearsay. Citing precedents, the Court asserted that testimony based on what a witness was told is inadmissible and should not be used to support a claim of ownership.

Acquisitive Prescription

Despite declaring the donation void, the Supreme Court recognized that the respondent had acquired ownership of the property through extraordinary acquisitive prescription. The Court out

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