Title
Heirs of Jardin vs. Heirs of Hallasgo
Case
G.R. No. L-55225
Decision Date
Sep 30, 1982
Heirs of Jardins sued Hallasgos over 1920 land partition; SC ruled reconveyance claims prescribed but allowed recovery of 350 sqm lot due to trust violation.

Case Summary (G.R. No. L-55225)

Factual Background

The complaint asserts that Braulio Jardin and Maura Hallasgo were the parents of Catalino and Galo, while Sixto Hallasgo was Maura's child by a previous union. In 1920, a private partition divided inherited properties among the three heirs. The complaint includes specific assets outlined in this partition, specifying the sizes and values of various parcels of land, such as residential lots, cornland, and riceland, distributed between the heirs.

Allegations of Usurpation

Following the partition, Galo later transferred his share of a city lot to Catalino, leading to Catalino's ownership of a 990-square-meter residential lot. In 1963, Sixto was permitted to cultivate a garden on a 350-square-meter portion of this lot. However, it is claimed that in 1964, Sixto fraudulently included the same area in his cadastral survey without notifying Catalino's heirs, subsequently occupying lands that belonged to Galo and Catalino without providing any harvest shares to them.

Legal Proceedings and Dismissal

In 1973, the children of Galo and Catalino became aware of the partition, after which they filed their complaint seeking reconveyance of the properties and damages. Defendants Hallasgo submitted a motion to dismiss the complaint, which was granted by the trial court on grounds of prescription. The plaintiffs appealed, asserting their action had not prescribed and contesting the dismissal's factual basis.

Prescription and Legal Principles

The plaintiffs argued that the partition among co-heirs does not expire, and the possession of community property by one co-owner should not be regarded as adverse to the other co-owners. However, the court found these arguments lacking in substance, as the complaint failed to provide essential facts including the dates of death of the heirs, the specific date Sixto allegedly usurped the properties, and why the heirs did not act earlier.

Court's Analysis of Partition Validity

The court held that the 1920 partition had indeed been executed, with specific lands adjudicated to Galo and Catalino. Thus, Sixto could not have unlawfully usurped lands that were distinctly partitioned. The court determined the existence of co-ownership only concerning a few specific properties, while recognizing that Sixto’s acknowledgement of the co-ownership had been severed by his actions.

Additional Legal Considerations

Notably, Article 494 of the Civil Code stipulates that co-owners are not bound to remain in co-ownership indefinitely, and that actions for partition may be barred by prescription under certain conditions. The trial court rightly assumed that the prescription commenced even before the Civil Code took effect, leading them to conclude that the plaintiffs’ action was time-barred.

Recovery of 350-square-meter Portion

Conversely, the court identified that

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