- Petitioner
- Domingo Cumagun
- Respondent
- Juliana Allingay
- Citation
- G.R. No. 5453
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Torres, J.
- Decided
- August 4, 1911
Summary
This case involves a dispute over possession of agricultural land between an estate administrator and a former tenant claiming ownership by prescription. Pedro Cumagun had used his inherited rice land as security for a 25-peso loan in 1893. After his death in 1895, the debt was redeemed in 1903, but the tenant Juliana Allingay refused to return the land, claiming acquisitive prescription. The Supreme Court affirmed the lower court's decision favoring the estate administrator, ruling that possession as a tenant on shares cannot establish ownership by prescription under the Civil Code. The Court emphasized that only possession in the capacity of owner can serve as title to acquire ownership, and the defendant's possession was clearly as a tenant, not as an owner. The case establishes important precedent regarding the requirements for acquisitive prescription of real property.