FELICIANO GAITERO and NELIA GAITERO, Petitioners, vs. GENEROSO ALMERIA and TERESITA ALMERIA, Respondents. G.R. No.

181812 June 8, 2011

FACTS: By virtue of a relocation survey of the lot owned by the respondents Almeria spouses, it was found out that petitioner Feliciano Gaitero (Gaitero), who owned adjoining Lot 9960-A, intruded into the formers lot by as much as 737 sq m (the disputed area). When both parties failed to settle the dispute, Gaitero filed an action for recovery of possession against the Almerias before the Municipal Circuit Trial Court for the return of the possession of the disputed property plus damages. He claimed that he was the registered owner of the disputed property through succession. He further claimed that the survey was erroneous. In their answer, Almerias alleged that they bought the lot by virtue of an Extra-Judicial Settlement of Estate and Sale and it was Gaitero who unlawfully encroached on the disputed property. The MCTC held that the Almerias were entitled to the possession of the disputed area considering that it is included in the technical description of their registered title. Further, the MCTC held that Gaitero acknowledged the true boundaries of his lot when it was subdivided. Indeed, the subdivision plan clearly shows that the disputed area is excluded from his lot. On appeal, the RTC reversed the decision of the MCTC on the reason that laches prevented the Almerias from asserting their right over the same since it took them 15 years before they did so. On review, the CA reversed the RTC decision holding that that the Almerias owned the disputed area since, between a registered title and a verbal claim of ownership, the former must prevail. ISSUE: Whether or not the Almerias are entitled to the possession of the disputed area as against Gaitero. HELD: Yes. Between the Almerias registered title of ownership and Gaiteros verbal claim to the same, the formers title is far superior. Since Gaitero was unable to prove that fraud attended the titling of the disputed area, the Almerias right over the same became indefeasible and incontrovertible a year from registration. Possession is an essential attribute of ownership. Necessarily, whoever owns the property has the right to possess it.