Title
J.M. Tuason and Co., Inc. vs. Bolanos
Case
G.R. No. L-4935
Decision Date
May 28, 1954
Dispute over 13 hectares of registered land in Quezon City; plaintiff's Torrens title upheld, defendant's adverse possession claim rejected, rent ordered.

Case Summary (G.R. No. L-4935)

Nature and Evolution of the Complaint

The plaintiff’s complaint was amended three times concerning the extent and description of the land in dispute. Initially, the land was described as a 13-hectare portion under Transfer Certificate of Title (TCT) No. 37686. After the defendant identified the portion he claimed, the plaintiff reduced the area to approximately 6 hectares. Further amendments occurred following surveyors’ testimonies indicating overlap with another titled land under TCT No. 37677 and later to conform to the evidence presented during the trial that the defendant's occupied area was around 13 hectares. These amendments were allowed by the court to align the pleadings with the actual evidence.

Defendant’s Answer and Claims

The defendant claimed ownership through prescription based on alleged open, continuous, exclusive, public, and notorious possession adverse to all others "from time immemorial." He also asserted that the plaintiff or its predecessors obtained registration fraudulently or without proper notice to him or his predecessors. The defendant prayed for dismissal of the complaint with costs and for the plaintiff either to reconvey the land or compensate him for its value.

Lower Court’s Ruling and Relief Granted

The Court of First Instance ruled in favor of the plaintiff, declaring the defendant without any right to the disputed land. The defendant was ordered to restore possession to plaintiff and to pay monthly rent of ₱132.62 from January 1940 until vacating the property, as well as to bear the costs of the suit.

Defendant’s Appeal and Assigned Errors

Defendant’s appeal raised multiple errors: that the plaintiff was not the real party in interest; improper admission of the third amended complaint; denial of motions to strike; inclusion in the judgment of land not involved; erroneous holding that the disputed land was covered by plaintiff’s TCTs; incorrect finding that defendant was not owner; error in obliging defendant to pay rent; and failure to order reconveyance of the land to defendant.

Real Party in Interest and Legal Representation

The court found no merit in the claim that plaintiff was not the real party in interest. The Rules of Court require only that an action be brought in the name of the real party in interest, not necessarily by the real party personally. Representation by counsel or even another corporation (Gregorio Araneta, Inc. as managing partner) is permissible, particularly when the joint venture aligns with the authorized corporate business. The objection regarding illegality of a corporation acting as a managing partner in a partnership was dismissed with reference to established legal principles on joint ventures.

Admission of Amendments Conforming to Evidence

The trial court’s allowance of the third amended complaint was proper under Section 4, Rule 17 of the Rules of Court, which permits amendments to conform pleadings to the evidence, including post-judgment amendments if necessary. Courts favor such amendments when they serve the merits, barring prejudice to the other party. The failure to amend does not necessarily invalidate the trial’s outcome on issues proven but not formally pleaded.

Ownership and Coverage Under Torrens Titles

Initially, defendant admitted that the land in dispute related to Exhibit A and B marked with his name. Despite changing counsel and theory, defendant failed to prove that plaintiff’s certificates of title did not cover the land. Evidence demonstrated that the disputed portion is part of two titled lots (Nos. 4-B-3-C and 4-B-4) registered under TCT Nos. 37686 and 37677 respectively, originally registered in 1914. Testimonies from witnesses on both sides confirmed this identification.

Because the land is covered by valid Torrens titles issued more than a year prior, the registration decree is conclusive and immune from attack on grounds of fraud, error, or lack of notice. Collateral attack by a claimant without registration is prohibited, and ownership cannot be acquired by prescription or adverse possession against the registered owner under Section 46 of Act No. 496. The right to secure possession under the Torrens system is indefeasible and cannot prescribe, consistent with prior Supreme Court rulings.

Obligation to Pay Rent for Use and Occupation

The court correctly found defendant must pay reasonable compensation from January 1940 until he vacates. The rental amount of ₱132.62 per month was based on stipulated compensation of ₱10 per hectare for the 13.2619 hectares occupied by defendant. Evidence showed that ejectment proceedings had been initiated as early as 1939, and defendant’s long-asserted claim of ownership negated payment of rent, rendering the rental award just and proper.

Motion to Dismiss for Parallel Case and Final Outcome

During the appeal, defendant moved to dismiss the case citing a purported pending

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