Petitioner
Sps. Ernesto
Respondent
Yu
Citation
G.R. No. 216024
Court
Supreme Court
Division
Second Division
Ponente
J.C. Reyes, Jr., J.
Decided
September 18, 2019

Summary

This case involves a property dispute between Topacio, owner of Lot 7402-E under TCT No. T-348422, and Spouses Yu, who purchased property under TCT No. T-490552. Topacio filed actions for quieting of title, recovery of possession, and reconveyance, claiming Spouses Yu's title was spurious and cast a cloud on his ownership. The Supreme Court dismissed the quieting of title and reconveyance actions, finding no evidence that Spouses Yu's title was fraudulent or invalid. However, the Court granted the recovery of possession action based on a CENRO verification survey showing that while the two TCTs cover different properties located 1,526 meters apart, Spouses Yu physically occupied 450 square meters inside Topacio's land. The Court deleted the damages and attorney's fees awards since Spouses Yu acted in good faith, and ruled that Topacio may exercise his options under Article 448 of the Civil Code regarding improvements made in good faith by builders who encroach on another's land.

Statutes applied

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By Intellegal Editorial Board · September 18, 2019

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