DISPOSITIVE:
ACCORDINGLY, the consolidated pet1t10ns are DENIED. The
Decision dated May 31, 2023, of the Court of Appeals in CA-G.R. CV No.
06149-MIN is AFFIRMED with MODIFICATION, in that the award of
attorney’s fees is DELETED.
SO ORDERED.
SUBJECTS/DOCTRINES/DIGEST:
Moreover, there is no merit in the argument of the Heirs of Aquilino
Ramos in G.R. No. 271934 that they acquired ownership of the subject
property by prescription.
“Prescription is a mode of acquiring ownership through the lapse of
time and under certain conditions.”25 It may either be ordinary or
extraordinary.26 “Ordinary acquisitive prescription requires possession of
things in good faith and with just title for a period of ten years, while
extraordinary acqms1tive prescription requires uninterrupted adverse
possession of thirty years, without need of title or of good faith.”27 As
correctly observed by the CA:
In the case at bar, ordinary acquisitive prescription is unavailing as it
demands that the possession be “in good faith and with just title,” and there
is no evidence on record to prove [the Heirs of Aquilino Ramos’] “good
faith.”
Likewise, [the Heirs of Aquilino Ramos’] adverse possession of the
land fell short of the requirements for extraordinary acquisitive prescription
to set in. The records show that the subject land is an unregistered land.
When the [Heirs of Aquilino Ramos] filed the instant case on April 15,
2004, [they] were in possession of the land for only 26 years counted from
the time of the alleged start of their possession in 1978. Obviously, it fell
short of the required 30 years of uninterrupted adverse possession without
just title and good faith. 28 (Citations omitted)
22
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