Republic of the · G.R. 148103

Petitioner: Republic of the Philippines/Mactan-Cebu International Airport Authority
Respondent: Rosa Baltazar-Ramirez
Citation: G.R. No. 148103
Court: Supreme Court
Division: Second Division
Ponente: Sandoval-Gutierrez, J.
Decided: July 27, 2006

Summary

Rosa Baltazar-Ramirez claimed her 1/9 hereditary share in lots sold by her eight siblings to the Republic in 1957 for the Mactan-Cebu International Airport. She filed suit in 1991, 34 years after the sale, seeking partition as a co-owner. The Regional Trial Court dismissed her case, finding her share was repudiated and the government acquired ownership through prescription. The Court of Appeals reversed, declaring the parties co-owners and allowing partition. The Supreme Court ultimately reversed the appellate court, holding that co-ownership was terminated when the siblings sold to the Republic, a third party. The government acquired ownership through prescription after 30 years of continuous possession. The case establishes that co-ownership terminates upon sale to third persons and that real actions prescribe after 30 years under the Civil Code.

Statutes applied

Civil Code, Art. 1141

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By the Intellegal Editorial Board · July 27, 2006

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