5. GODINEZ v CA  The Igot brothers sued the Bergado heirs for the reconveyance of Lot A.

GR NO. L-46768 The TC and CA favored the Igot brothers. It held that Magsumbols acquired
MARCH 18, 1985 Lot A by prescription. That right was in turn transmitted to the Igots.
By: CHESKA DOMINGUEZ  Hence this petition.
Topic: ACQUISITIVE PRESCRIPTION; TACKING; EXTINCTIVE PRESCRIPTION
Petitioners: BASILIO GODINEZ, TECLA GODINEZ, GREGORIA GODINEZ, TRANQUILINO ISSUE:
GODINEZ, CONCEPCION GODINEZ and PEDRO JAYME (1) WON the Magsumbols validly acquired Lot A by prescription
Respondents: COURT OF APPEALS, MAMERTO IGOT and LORENZO IGOT
Ponente: AQUINO, J. HELD/RATIO:
(1) YES.
RECIT-READY/SUMMARY: Felix Bergado owned a lot, which was eventually  Lot 655-A has been in the adverse, continuous, uninterrupted and
inherited by his seven children. Judge Pablo adjudicated 1/6 share to each one of notorious possession of the Magsumbols and the Igots in the concept of
them, instead of 1/7. Due to this error, the land was never registered. The same owner for more than half a century.
lot was transferred to Patalinghug and Sps. Magsumbol. Sps. Magsumbol  SC affirmed the decision of the CA.
acquired 5/7 of the lot designated as Lot A. In the guardianship proceeding for
the children of Miguel Magsumbol, his son Domingo acquired Lot A. He eventually
sold the same to respondents Igot. 38 years after, Judge Mendoza corrected the
clerical errors in Judge Pablo's decision at the instance of the Bergado heirs,
herein petitioners. The respondents Igot then sued them. The TC, CA, and SC all
favored the Igots. The said lot was acquired by Sps. Magsumbol by prescription
and said rights were transferred to the Igots upon its sale.

DOCTRINE: When the owner fails to assert his claim within the prescriptive period,
the possessor of the same may acquire the property by acquisitive prescription.

FACTS:
 Felix Bergado owned Lot 655. It was inherited by his seven children.
 Cadastral Judge Pablo ordered the registration of Lot 655 and adjudicated
1/6 share instead of 1/7. Because of this error, no decree was issued and
the heirs did not obtain any Torrens title. The land remained unregistered.
 2/7 of the lot were transferred to Patalinghug, while 5/7 share were
transferred to Sps. Magsumbol. The lot was subdivided with the approval
of the Director of Lands into Lot A (5/7) and Lot B (2/7).
 In the guardianship proceeding for the children of Miguel Magsubol, Judge
Mendoza adjudicated to Domingo Magsubol Lot A. Domingo sold to the
brothers Mamerto and Lorenzo Igot, herein respondents, Lot A. The Igots
continued Magsumbols' possession.
 38 years after Judge Pablo rendered his decision, Judge Mendoza
corrected the clerical errors in Judge Pablo's decision at the instance of the
Bergado heirs. The land was registered under their names.