- Petitioner
- Lucia Perez
- Respondent
- Domingo Cortes
- Citation
- G.R. No. 3821
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Torres, J.
- Decided
- February 16, 1910
Summary
This 1910 Supreme Court case involved a property dispute over 30 hectares in Oriental Negros. Plaintiffs Lucia and Eduvigis Perez, heirs of Liberato Perez, sued defendants Domingo Cortes and Dominga Ubaldo for recovery of land forcibly taken in 1903. The Court found that Liberato Perez had acquired ownership through extraordinary prescription after over 60 years of possession, and his heirs validly succeeded to his rights. A portion was lawfully transferred to co-plaintiff Inocenta Perez. Defendants' claim based on an alleged 1895 mortgage from Vicente Perez to Pedro Olang was rejected as fraudulent, since Vicente Perez never possessed the land and could not mortgage property belonging to Liberato Perez. The Supreme Court affirmed the lower court's decision ordering restoration of possession and P250 damages, establishing important precedents on acquisitive prescription and the invalidity of purported transfers by non-owners.