- Petitioner
- Franco Esguerra
- Respondent
- Alfonso Manantan
- Citation
- G.R. No. 158328
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Quisumbing, J.
- Decided
- February 23, 2007
Summary
Franco Esguerra sought to eject respondents from Lot No. 661 and defend his free patent title. The property was originally owned by his father Pio, who mortgaged it to Gaudencio Miguel in 1960. Respondents occupied the land claiming adverse possession for 30 years. The Supreme Court ruled that while the free patent and resulting title were null and void because the land was private property, Franco retained co-ownership rights inherited from his father. The 1960 transaction was an equitable mortgage, not a sale, and respondents' possession was by tolerance, not adverse. However, Franco's title remains imperfect and requires confirmation under the Public Land Act. The case clarifies the distinction between public and private lands in free patent applications and the requirements for acquisitive prescription.