DISPOSITIVE:
WHEREFORE, the Petition is DENIED. The September 19, 2014 Decision, and January 20, 2015 Resolution of the Court of Appeals in C.A. – G.R. CV No. 02878 are hereby AFF’IRMED in toto. Costs on petitioners.
SO ORDERED.
SUBJECTS/DOCTRINES/DIGEST:
WHAT HAPPENED IN THIS CASE?
RESPONDENT JESUS INHERITED A PROPERTY FROM HIS FATHER IN 1973. HE HAS BEEN PAYING TAXES ON SAID PROPERTY AND THE TAX DECLARATION WAS IN HIS NAME. IN 1996 OR AFTER 23 YEARS HE DISCOVERED THAT THE PONCE SPOUSES WERE OCCUPYING THE PROPERTY. THE PONCE SPOUSES ALSO PRODUCED A TAX DECLARATION WHICH THE COURT FOUND TO REFER TO ANOTHER PROPERTY. THE PONCE SPOUSES ALSO ARGUED THAT THEY POSSESSED THE PROPERTY FOR MORE THAN 20 YEARS AND THEREFORE THEY ARE THE OWNERS BY POSSESSION. COURT RULED THAT THE FACT THAT JESUS WAS PAYING THE TAXES INDICATES THAT HE POSSESSES IT IN THE CONCEPT OF AN OWNER FOR NOBODY IN HIS OR HER RIGHT MIND WOULD BE PAYING TAXES FOR A PROPERTY THE1T IS NOT IN HIS OR HER ACT UAL OR CONSTRUCTIVE POSSESSION.
.
In 1973, respondent Jesus Aldanese (Jesus) inherited Lot No. 6890 from his father, Teodoro Aldanese, Sr. He diligently paid its real property taxes from that time on under Tax Declaration No. (TD) 13003 which is in his name. 5 TD 13003 was subsequently cancelled and TD 13163-A6 was issued by the Municipal Assessor of Sibonga, still in Jesus’ name . . . .
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Indeed, while the tax declaration is not conclusive proof of ownership of Jesus over the subj ect land, it is an indication however that he possesses the property in the concept of an owner for nobody in his or her right mind would be paying taxes for a property the1t is not in his or her act ual or constructive possession.40
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