Enriquito Serna vs. Court of Appeals, Santiago Fontanilla Rasing,, 308 SCRA 527

Facts:

The petitioner spouses and respondent spouses are first cousins in dispute of land ownership. Apparently, their grandfather owns a 12,508 sq.m. land that was surveyed by Turner Land Surveying Co. for him which he promised to pay for after the approval of Bureau of Lands. He failed to pay for the costs and to elude foreclosure of the land he sold said land to his daughter Rosa who assumed payment for the property tax. Rosa subsequently sold the land to her nephew Santiago Fontanilla, herein respondent, under a notarized deed of sale that was not registered to the Register of Deeds. Fontanilla constructed a house and lived there. In 1978 they went to the US to visit their daughter. While out of the country, petitioners Enriquito Serna applied a land registration of said lot which was successfully registered in their name on Jan. 10, 1980. On May 27, 1981, respondents filed an action for reconveyance and damages against petitioners. Petitioners contend that when their grandfather failed to pay the surveying company they took the property in question but it was redeemed later on and sold to their father but they could not produce evidence. The court ruled in favor to the respondents as true owners of the said lot hence this petition to the S.C.

Issue:

Whether or not the lower court erred in rendering its decision and appreciation of facts and application of law?

Held:

The S.C. upholds the lower court’s ruling declaring that the respondents are the rightful owners of the said lot. Petitioners claim ownership based on a deed of sale executed between their grandfather and father which they could not produce. This is a question of facts that the SC cannot review on appeal. Respondents however have been paying taxes and enjoying continuous possession of the land for over 60 years tacking the possession of its predecessor grandfather and Aunt Rosa. These are circumstances and period sufficient for prescription. They also filed the action for reconveyance within the prescribed 10 years period from the issuance of Torrens title to the property for the petitioners.