Title
Ombe vs. Diga
Case
G.R. No. L-15743
Decision Date
Jul 26, 1960
Indigenous woman Ombe (Bagoba) secures sole ownership of ancestral land, voiding cohabiting partner Vicente Diga's claims despite his contributions.

Case Summary (G.R. No. L-15743)

Initial Proceedings

Ombe filed her verified petition for the cancellation of Vicente Diga’s acknowledgment of marriage inscribed in the title to the land in question, seeking to have her status reflected as "single." While the petition was pending, Diga allegedly harvested crops from the land, prompting Ombe to file a separate action for injunction against him on July 28, 1956. The court issued a writ of preliminary injunction on July 31, 1956, prohibiting Diga from entering the property or harvesting any products until the case was resolved.

Defendant’s Claims

In response, Vicente Diga contended that he and Ombe were married according to Bagobo customs and that he had supported Ombe and her children since 1946. He counterclaimed against Ombe for P2,000.00, citing expenses incurred due to the lawsuit and requested a share of the property. The case became complicated with a stipulated agreement regarding the facts, including the nature of their relationship and Ombe's prior claims to ownership of the land.

Stipulated Facts and Court's Initial Decision

The stipulation of facts submitted by both parties revealed that Ombe had occupied and cultivated the land since 1928 and had also filed for a free patent before the outbreak of World War II, although the documentation of this application was lost. The trial court concluded that the land belonged to both parties due to their cohabitation, aligning its decision with Articles 144 and 486 of the New Civil Code of 1950.

Appellate Proceedings and Legal Reasoning

Upon appeal, Ombe contested the trial court's ruling, arguing that the lower court had erred in dismissing her complaint and awarding joint ownership of the land. The Supreme Court highlighted that, based on the stipulated facts, Ombe maintained continuous and public possession of the land for years, which allowed her to acquire a perfect title through a free patent granted post-war.

Legal Framework and Conclusion

The review of previous jurisprudence

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