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Tuazon v. Tuazon G.R. No. 200115 August 1, 2018: Issue

- Petitioners filed an accion reivindicatoria to recover possession of a 73 square meter portion of land from respondents, alleging they had lawful possession since 1968 but respondents unlawfully occupied the land since 1998. - Respondents denied the allegations and claimed they owned the land in common since 1965. - The issue was whether the petitioners' cause of action had prescribed. - The Court ruled the petitioners' claim had prescribed, as accion publiciana to recover possession prescribes after 10 years per Article 555(4) of the Civil Code, not the 30 years claimed by petitioners.

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177 views

Tuazon v. Tuazon G.R. No. 200115 August 1, 2018: Issue

- Petitioners filed an accion reivindicatoria to recover possession of a 73 square meter portion of land from respondents, alleging they had lawful possession since 1968 but respondents unlawfully occupied the land since 1998. - Respondents denied the allegations and claimed they owned the land in common since 1965. - The issue was whether the petitioners' cause of action had prescribed. - The Court ruled the petitioners' claim had prescribed, as accion publiciana to recover possession prescribes after 10 years per Article 555(4) of the Civil Code, not the 30 years claimed by petitioners.

Uploaded by

SALMAN JOHAYR
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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31. Tuazon v.

Tuazon
G.R. No. 200115 August 1, 2018

Facts:
Petitioners filed an accion reivindicatoria. Alleging that: they were the prior and actual
lawful possessors and bonafide claimants of a parcel of land identified as Lot No. 165, Ts-308
situated at No. 83-18th Street, East Bajac Bajac, Olongapo City from 1968 up to the present.
They also averred that Lydia Tuazon and Anunciacion Tuazon unlawfully occupied and withheld
physical possession of a portion of Lot No. 165 containing an area of more or less 73 square
meters property and that despite repeated demands to vacate the premises, of which the last
demand was made on December 1998, respondents refused to do so, forcing petitioners to
refer the matter to the barangay for resolution. The parties failed to amicably settle the matter
which led to the issuance of a "certification to file" on February 18, 1999. However, respondents
denied the allegations, they alleged that Lydia and her three sisters, now deceased, owned the
subject parcel of land in common, having purchased it using their own funds sometime in 1965.
Issue:
Whether or not the petitioners’ cause of action has prescribed.
Ruling:
Yes. Petitioners' claim that the prescriptive period for the action should be 30 years is
misplaced. Article 1141 of the Civil Code explicitly states that real actions over immovables
prescribe after 30 years, without prejudice to what is established for the acquisition of ownership
and other real rights by prescription. Since the action before us is one of accion publiciana,
which seeks recovery of the real right of possession, Article 1141 must be read in relation to
established rules on prescription governing the real right of possession. Article 555 (4) of the
Civil Code provides that, "the real right of possession is not lost till after the lapse of ten years."
It is for this reason that we have time and again ruled that the remedy of accion publiciana is no
longer available after the lapse of 10 years from dispossession.

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