Petitioner
Herminio M. Gutierrez
Respondent
Flora Mendoza-Plaza
Citation
G.R. No. 185477
Court
Supreme Court
Division
Third Division
Ponente
Chico-Nazario, J.
Decided
December 4, 2009

Summary

This case involves a property dispute between descendants of Ignacio Mendoza over an unregistered 446-square meter lot in Batangas. Respondents claimed ownership through a 1940 deed of donation inter vivos from Ignacio to his children by his second wife, while petitioners claimed inheritance rights through Ignacio's first wife and acquisitive prescription. The Supreme Court affirmed respondents' ownership, holding that the notarized deed enjoys presumption of authenticity, and that as heirs of the grantor, petitioners are bound by the donation despite non-registration. The Court rejected petitioners' prescription claim, finding their possession was merely by tolerance. The decision clarifies that unregistered instruments bind heirs of grantors even without registration, and that possessory acts under mere tolerance cannot ripen into ownership through prescription.

Statutes applied

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By the Intellegal Editorial Board · December 4, 2009

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