Pacifico Garing v Heirs of Marco Silva, et. al. GR No. 150173, September 5, 2007 (532 SCRA 294)

Indefeasibility of TorrensTitle

Facts:

Pacifico Garing and his wife filed before the RTC complaint for reconveyance of property alleging that they are the lawful possessor of the Lot C of a subdivision plan bounded southeast by the Mangop River. Over the years accretion caused by the Mangop River led to the formation of land between the river and Lot C. He alleges that he and his predecessors-in-interest have been in possession of this land formation and cultivated the same. Marcos Silva informed him that the two lots are within the boundaries of his property and was later ordered to stop gathering coconuts from the said lots. They assail the Original Cert. of Title issued to Marcos Silva to have unlawfully included in its Lot No. 4891-B the two parcels of land they allegedly possess. The heirs of Silva answered that they are the lawful owner of the said lots and that the petitioner forcibly with threat took possession of the said lots. Pending the case for reconveyance of property, Jose Acosta, another respondent filed a motion for intervention. He alleges to have purchased the two lots from the heirs of Silva as shown by extrajudicial partition and simultaneous sale and contends that the petitioners were present when they have the lot surveyed. They did not raise any objection thereto. He further raise that the original registration for Lot No. 4891-B was on Aug. 5, 1969 and the petitioner filed its complaint only on March 14, 1984 thus the action has already prescribed.