Petitioner
Lilian Capitle
Respondent
Julieta Vda. de Gaban
Citation
G.R. No. 146890
Court
Supreme Court
Division
Third Division
Ponente
Carpio Morales, J.
Decided
June 8, 2004

Summary

This case involves a family dispute over inheritance of two parcels of land originally owned by Fabian Correjado who died intestate in 1919. Petitioners, descendants of Fabian's sons Zacarias and Francisco, sought partition claiming co-ownership rights against respondents, who are children of Fabian's son Julian. Julian had exclusively possessed and cultivated the property from 1919 until his death in 1950, with respondents continuing such exclusive possession thereafter. While the Court of Appeals found that all parties were legitimate heirs and co-owners, it ruled that acquisitive prescription had set in due to 31 years of adverse possession by Julian (1919-1950) and continued adverse possession by respondents. The Supreme Court affirmed, holding that after 67 years of exclusive possession (1919-1986), ownership had vested in respondents through prescription, converting the partition case into an ownership dispute where prescription applies.

Statutes applied

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By the Intellegal Editorial Board · June 8, 2004

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