Title
Spouses Yu vs. Topacio, Jr.
Case
G.R. No. 216024
Decision Date
Sep 18, 2019
Spouses Yu encroached on Topacio’s land in good faith; SC upheld CA’s ruling for possession recovery, deleted damages, and granted Topacio options under Article 448.

Case Summary (G.R. No. 216024)

Key Dates

  • Transfer Certificate of Title (TCT) No. T-348422 issued to Topacio on June 25, 1992
  • Absolute Deed of Sale from Spouses Martinez to Spouses Yu dated June 10, 1994
  • TCT No. T-490552 issued to Spouses Yu on September 1, 1994
  • Regional Trial Court (RTC) Decision dated December 28, 2011
  • Court of Appeals (CA) Decision dated March 17, 2014
  • CA Resolution dated December 22, 2014
  • Supreme Court Decision dated September 18, 2019

Applicable Law

  • 1987 Philippine Constitution
  • Civil Code provisions: Articles 434, 448, 476, 477
  • Rules on Quieting of Title, Recovery of Possession, Reconveyance
  • Presumption of regularity in issuance of Torrens Titles
  • Legal standards for awarding attorney’s fees

Background and Allegations

Respondent Topacio, the registered owner of Lot 7402-E (9,878 sqm) covered by TCT No. T-348422, alleged that the title held by petitioners Spouses Yu over a portion of 606 sqm covered by TCT No. T-490552 is spurious, illegal, and casts a cloud on his title. Topacio claimed the title issued to Spouses Yu was obtained later than his and sought nullification, recovery of possession, reconveyance, and damages.

Spouses Yu countered that they acquired their property legitimately from Spouses Martinez by an Absolute Deed of Sale. The property had been acquired by Spouses Martinez from the Bureau of Lands in 1989, duly surveyed, and their Torrens title was validly registered. They contended they had been in good faith possession, paying taxes and obtaining proper permits for fencing and construction.

Proceedings and Surveys Conducted

A joint survey ordered by the RTC was conducted by a DENR/CENRO team in 2009, led by Geodetic Engineer Ramoncito TaAola. The survey found that the properties covered by the respective titles of Topacio (Lot 7402-E) and Spouses Yu (Lot 8142-New) have the same reference point (Monument 79) but are geographically distinct and located approximately 1,526 meters apart. However, it was also found that the parcel physically occupied by Spouses Yu, measuring about 450 sqm, is actually located inside Topacio’s Lot 7402-E.

RTC Ruling

The RTC dismissed Topacio’s complaint in 2011, holding there was insufficient proof that the title held by Spouses Yu was obtained by fraud nor that it constituted a cloud upon Topacio’s title. Accordingly, both the complaint and counterclaims were dismissed.

CA Ruling and Petitioners’ Motion for Reconsideration

The CA modified the RTC decision and ruled that Spouses Yu must vacate and transfer possession of the portion of Lot 7402-E unlawfully occupied, remove improvements at their expense, pay reasonable compensation from the date of judicial demand until they vacate, and pay attorney’s fees and costs.

Spouses Yu moved for reconsideration, arguing that the CA erred by resolving boundaries in a quieting of title case and relying heavily on the verification survey. The CA denied their motion.

Issues on Appeal

  1. Whether the CA erred in resolving property boundaries in an action for quieting title.
  2. Whether the CA correctly relied on the verification survey conducted by the DENR/CENRO.
  3. Whether Topacio’s titles are clouded by Spouses Yu’s title, and whether the issuance of TCT No. T-490552 was valid.
  4. Validity of awards for possession recovery, damages, and attorney’s fees.

Legal Analysis on Quieting of Title and Recovery of Possession

  • Quieting of title requires proof of (1) legal or equitable title or interest by the plaintiff, and (2) that the adverse claim or instrument is invalid or void despite its apparent validity.
  • Recovery of possession requires proof of ownership and identity of the property, relying on the strength of the plaintiff’s title, not the weakness of the defendant’s.
  • Reconveyance applies only to rightful owners whose land was wrongfully registered to others, requiring proof of wrongful registration.

Topacio proved title but failed to show the invalidity of Spouses Yu’s title, which was traced to valid acquisition from the Bureau of Lands, and no evidence of fraud was presented. The Torrens title system presumes titles are valid; fraud allegations require clear and convincing evidence, which was lacking here.

Survey and Boundary Determination Considerations

The CA properly relied on the joint verification survey conducted by DENR/CENRO, which was a court-ordered impartial study attended by all parties and their counsels. The survey conclusively showed that TCT Nos. 348422 (Topacio) and 490552 (Spouses Yu) cover different parcels of land situated over a kilometer apart. Claims of procedural irregularities in the survey cannot overcome the presumption of regularity afforded to acts of public officials such as the surveyor.

Findings on the Property Actually Possessed

The survey report also revealed that Spouses Yu physically possessed and improved a portion of Topacio’s Lot 7402-E that was not covered by their title. This represents physical encroachment of another's land. Topacio, as the registered owner of the encroached land, has the right to recover possession of that portion.

Good Faith Possession and Consequences

Spouses Yu were found to have possessed the disputed portion in good faith, honestly believing it was part of their titled property. Under Article 448 of the Civil Code, when improvements are made in good faith on another’s land, the landowner can either:

  • Appropriate the improvements by paying the owner of the improvements; or
  • Oblige the possessor to pay for the land if the land’s value is not significantly higher than that

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