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1) The case involves a dispute over ownership of a parcel of land called the "looban" between two brothers, petitioner Gaudencio Ordoñez and private respondent Monico Ordoñez.
2) Private respondent inherited the "looban" from their parents. Petitioner claims ownership through acquisitive prescription, presenting tax receipts as evidence of possession.
3) However, the Court found petitioner's possession was neither adverse nor continuous as required for acquisitive prescription. Private respondent remained in actual occupancy of the ancestral home on the land.
4) The Court affirmed the lower courts' ruling in favor of private respondent, as petitioner did not establish possession under a claim of
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1. Ordonez v CA Gr No. 84046 July 30, 1990 by- Yrreverre (1)
1) The case involves a dispute over ownership of a parcel of land called the "looban" between two brothers, petitioner Gaudencio Ordoñez and private respondent Monico Ordoñez.
2) Private respondent inherited the "looban" from their parents. Petitioner claims ownership through acquisitive prescription, presenting tax receipts as evidence of possession.
3) However, the Court found petitioner's possession was neither adverse nor continuous as required for acquisitive prescription. Private respondent remained in actual occupancy of the ancestral home on the land.
4) The Court affirmed the lower courts' ruling in favor of private respondent, as petitioner did not establish possession under a claim of
1) The case involves a dispute over ownership of a parcel of land called the "looban" between two brothers, petitioner Gaudencio Ordoñez and private respondent Monico Ordoñez.
2) Private respondent inherited the "looban" from their parents. Petitioner claims ownership through acquisitive prescription, presenting tax receipts as evidence of possession.
3) However, the Court found petitioner's possession was neither adverse nor continuous as required for acquisitive prescription. Private respondent remained in actual occupancy of the ancestral home on the land.
4) The Court affirmed the lower courts' ruling in favor of private respondent, as petitioner did not establish possession under a claim of
Petitioners alleged that he acquired said property by
GR NO. 84046 acquisitive prescription JULY 30, 1990 By: YRREVERRE ISSUE: Topic: PRESCRIPTION (1) W/N the petitioner acquired the land “looban” by acquisitive prescription - NO Petitioners: GAUDENCIO ORDONEZ and GENEROSA ORDONEZ Respondents: COURT OF APPEALS and MONICO ORDONEZ HELD/RATIO: Ponente: GRINO-AQUINO, J. NO. The Court of Appeals and the lower court correctly held that the receipts for realty taxes paid by Encarnacion and the petitioner, Gaudencio RECIT-READY/SUMMARY: Ordoñez, on the "looban" are not evidence of title. At best, they were indicia of possession. DOCTRINE: Possession, to constitute the foundation of a prescriptive right, must But as against the admitted fact that private respondent was in actual be possession under a claim of title or it must be adverse. occupancy of the "looban" as he was the one living in the ancestral home, the tax receipts of the petitioner Gaudencio may not prevail as proof of his alleged "adverse" possession of the property that could ripen to ownership FACTS: by acquisitive prescription. Petitioner Gaudencio and private respondent Monico are full blood That Gaudencio's possession was neither adverse nor continuous, is brothers. supported by the fact that he admittedly had never informed private There are two (2) parcels of unregistered land which Monico inherited respondent, nor any of his brothers and other relatives, that he had from his parents' estate: (1) the "looban" which is a residential lot where purchased the "looban" from Pedro Encarnacion. the ancestral house stands in which Monico lives, and (2) the "tubigan," a Possession, to constitute the foundation of a prescriptive right, must be riceland possession under a claim of title or it must be adverse. Private respondent sold the "tubigan" to Gaudencio for P150 and in Acts of a possessory character performed by one who holds the property payment of his prior indebtedness to said petitioner of P500. It is by mere tolerance of the owner are clearly not in the concept of an owner, evidenced by a duly notarized Deed of Absolute Sale. and such possessory acts, no matter how long continued, do not start the Private respondent testified that he verbally mortgaged the "looban" to period of prescription running. Pedro Encarnacion as security for a loan of P300 Private respondent won, since petitioner did not have possession under a Upon private respondent's request, Gaudencio paid P400 to Encarnacion claim of title and does not have adverse possession since in the lower in settlement of the private respondent's debt court, Monico was the one who was living and in possession of the Petitioner stepped into the shoes of the former creditor, Pedro disputed land. Encarnacion. WHEREFORE, finding no reversible error in the decision of the Court of Appeals, the Petitioner Gaudencio allowed his grandson, Pablito Bernardo, and his wife petition for review is denied, with costs against the petitioners. to build a house on the property. On July 8, 1983, the private respondent filed a complaint (1) to quiet his title over both parcels of land (the "tubigan" and "looban") against his older brother, herein petitioner Gaudencio, and (2) to eject the Bernardo spouses from the "looban." (Dispute about the ownership of the “looban” land) TC - infavor of private respondent as owner of looban CA – Affirmed