Petitioner
Fabiana Arriola y Cabrera
Respondent
Carolina Gomez de La Serna
Citation
G.R. No. 5397
Court
Supreme Court
Division
First Division
Ponente
Moreland, J.
Decided
December 17, 1909

Summary

This 1909 ejectment case involved a land ownership dispute in Manila between an estate administratrix and a widow claiming inheritance rights. Fabiana Arriola y Cabrera, representing her deceased mother's estate, sought to recover property allegedly taken from her mother. Defendant Carolina Gomez de la Serna claimed ownership through inheritance from her husband Jose M. Perez Rubio, who had obtained the land through court conveyance in 1881. The Supreme Court ruled in favor of the defendant, finding that she had acquired ownership by prescription under Civil Code Article 1957. Despite questions about the good faith of the original possession by Rubio, the Court held that the defendant, as an heir, possessed in good faith from 1896 to 1908 without knowledge of any title defects. Having satisfied the requirements of continuous, public, peaceful possession for over 10 years with good faith and proper title, the defendant became the rightful owner by prescription. The decision established important precedent on inheritance of property rights and the doctrine of acquisitive prescription in Philippine civil law.

Statutes applied

By Intellegal Editorial Board · December 17, 1909

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