- Petitioner
- Anastacia Vda. de Aviles
- Respondent
- Court of Appeals
- Citation
- G.R. No. 95748
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Panganiban, J.
- Decided
- November 21, 1996
Summary
This case involves a boundary dispute between siblings over inherited property that was partitioned in 1957. When one sibling constructed a fence claiming part of another's allocated share, the heirs filed an action for quieting of title. The Supreme Court affirmed lower courts' dismissal, establishing important precedent that quieting of title is not the proper remedy for boundary disputes. The Court explained that quieting of title requires proof of an instrument or proceeding that casts a cloud on title, which was absent here since both parties acknowledged the partition agreement and their respective allocations. The uncertainty arose from failure to properly locate boundaries, not from any cloud on title. The decision clarifies the distinction between actions to quiet title and boundary disputes, directing parties to use forcible entry or possession recovery actions instead. This ruling provides important guidance on choosing appropriate legal remedies for property disputes.