Imuan vs. Cereno, G.R. No. 167995, Sept. 11, 2009

"prescription"

Facts:
Pablo contracted two marriages and all his children on both are already dead. The petitioners
in the case are his grandchildren while the respondent is the husband of his daughter from his
second marriage. Juana, Pablo’s second wife, together with her children continued to be in
possession of the parcel of land owned by Pablo after his death. A joint affidavit was executed
attesting that Pablo ceded the property in favor of Juana in the occasion of their marriage but the
document was lost. Juana sold said parcel of land to the respondent which was registered in the
register of deeds. The land area sold to respondents was divided by a barangay road. They built a
house on one side and planted fruit-bearing trees on the other side. It is on the latter’s side where
the petitioners took possession and built a nipa hut thereon. An ejectment case was filed by the
respondents against petitioners but was later dismissed when the petitioners left the area.