Petitioner
Mercedes Deiparine
Respondent
Honorable Court of Appeals (First Division)
Citation
G.R. No. 111257
Court
Supreme Court
Division
Second Division
Ponente
Martinez, J.
Decided
December 4, 1998

Summary

This case involves a partition dispute over Lot 1938, originally owned by Marcelo Deiparine who died in 1929, leaving the property to his wife and eight children. The lot was subdivided in 1930 into two portions, with Manuel Deiparine possessing Lot 1938-A and Justiniana Deiparine purchasing Lot 1938-B. Other heirs filed for partition in 1982, claiming co-ownership rights. The Supreme Court affirmed the Court of Appeals' decision declaring all heirs as co-owners, rejecting defendants' claims of exclusive ownership based on insufficient evidence. The Court found that tax declarations and subdivision plans do not prove ownership, and that a reconstituted title obtained during litigation was fraudulent due to misrepresentations about pending litigation. The decision reinforces that co-owners cannot acquire exclusive ownership through mere possession without clear acts of repudiation, and that partition actions are imprescriptible under Philippine law.

Statutes applied

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By the Intellegal Editorial Board · December 4, 1998

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