Civil Law,  Legally Yours

Del Castillo Case Doctrines (Civil Law – Property)

Del Castillo Case Doctrines

Summaries of case doctrines penned by Justice Del Castillo.

Civil Law Property

Communities Cagayan, Inc. v. Spouses Nanol
G.R. No. 176791, November 14, 2012

Article 448 of the Civil Code applies when the builder believes that he is the owner of the land or that by some title he has the right to build thereon. However, there were instances where the Court applied Article 448 even if the builders do not have a claim of title over the property such as when that landowner consented to the construction of the land.

De Guzman v. Filinvest Development Corp.
G.R. No. 191710, January 14, 2015

The easement of right of way covers the distance from the dominant estate to the public highway. Should the right of way be no longer necessary because the owner of the dominant estate has joined it to another abutting on a public highway, and the servient estate demands that the easement be extinguished, the value of the property received by the servient estate by way of indemnity must be returned in full to the dominant estate.

Guntalilib v. Dela Cruz
G.R. No. 200042, July 7, 2016

A certificate of title is not subject to collateral attack. Thus, the validity of the certificate of title cannot be assailed in an action for quieting of title. The more appropriate remedy is to seek the cancellation of the certificate through an action for the annulment of the title.

Heirs of Julao v. Spouses De Jesus
G.R. No. 176020, September 29, 2014

Under Article 434 of the Civil Code, in an action to recover, the property must be identified and the plaintiff must rely solely on the strength of his title and not on the weakness of the defendant’s claim. Thus, the failure to establish the identity of the property claimed bars entitlement to an action to recover the possession of the property.

Heirs of Spouses Manguardia and Manalo v. Heirs of Valles
G.R. No. 177616, August 27, 2014

No title to registered land shall be acquired by prescription or adverse possession. Neither can prescription be allowed against the hereditary successors of the registered owners. As long as the property is covered by a certificate of registration, the subject property cannot be acquired by prescription regardless of the claimant’s good faith.

Ining v. Vega
G.R. No. 174727, August 12, 2013

A co-owner’s spouse cannot validly effect a repudiation of the co-ownership.

In order that the title may prescribe in favor of a co-owner, the following requisites must concur:
1) the co-owner has performed unequivocal acts of repudiation amounting to an ouster of the other co-owners;
2) such positive acts have been made known to the other co-owners; and
3) the evidence thereof is clear and convincing.

Lamsis v. Kitma
G.R. No. 173021, October 20, 2010

Acts of possessory character executed due to license or by mere tolerance of the owner are inadequate for purposes of acquisitive prescription. These acts are not adverse and will not start the running of the prescriptive period.

Mananquil v. Moico
G.R. No. 180076, November 21, 2012

An action for quieting of title requires that the plaintiff must have a legal or equitable title to, or interest in the subject property. Proof of heirship alone does not suffice.

For an action to quiet title to prosper, two requisites must concur:
1) the plaintiff or complainant has a legal or an equitable title or interest in the real property subject of the action; and
2) the deed, claim, encumbrance, or proceeding claimed to be casting a cloud on his title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy.

Naga Centrum, Inc. v. Spouses Orzales
G.R. No. 203576, September 14, 2016

The construction of permanent structures on the appointed right of way cannot defeat the easement thereto. To allow otherwise would be tantamount to rewarding malice, cunning, and bad faith.

To be entitled to an easement of right of way, the following requisites should be met:
1) An immovable is surrounded by other immovable belonging to other persons, and is without adequate outlet to a public highway;
2) Payment of proper indemnity by the owner of the surrounded immovable;
3) the isolation of the immovable is not due to the owner’s acts; and
4) the proposed easement of right of way is established at the point least prejudicial to the servient estate, and insofar as consistent with the rule, where the distance of the dominant estate to a public highway may be the shortest.

Olegario v. Mari
G.R. No. 147951, December 14, 2009

Ownership cannot be acquired by mere occupation. Possession must be under adverse claim of title to constitute the foundation of a prescriptive right.

Pro-Guard Security Services Corporation v. Tormil Realty and Development Corporation
G.R. No. 176341, July 7, 2014

The date of unlawful deprivation or withholding of possession due to the withdrawal of tolerance of the owner is counted from the date of the demand of the owner to vacate the premises.

Republic of the Philippines v. Daclan
G.R. No. 197115, March 23, 2015

Devolution refers to the act by which the national government confers power and authority upon the various local government units to perform specific functions and responsibilities. It includes the transfer to local government units of the records, equipment, and other assets and personnel of national agencies and offices corresponding to the devolved powers, functions, and responsibilities. Devolution of the government does not affect the conditions of the donation provided that purpose for which the donations were made remained and continued to be carried out by the local government units.

Residents of Lower Atab & Teachers’ Village v. Sta. Monica Industrial & Development Corporation
G.R. No. 198878, October 15, 2014

For an action to quiet title to prosper, two indispensable requisites must be present:
1) the plaintiff or complainant has a legal or an equitable title or interest in the real property subject of the action; and
2) the deed, claim, encumbrance, or proceeding claimed to be casting a cloud on his title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy.

Spouses Dela Cruz v. Spouses Capco
G.R. No. 176055, March 17, 2014

While the only issue in an ejectment case is the physical possession of the real property, the courts may pass upon the issue of ownership when the parties raised the same in order to determine who has the better right to possess the property. Nevertheless, such finding is only provisional and is not a bar to an action between the same parties involving the issue of ownership over the subject property.

Spouses Hipolito v. Cinco
G.R. No. 174143, November 28, 2011

Under Sections 214 and 215 of the National Building Code or PD 1096, the building official has the authority to order the condemnation and demolition of buildings found in a dangerous or ruinous condition.

Subic Bay Legend Resorts and Casinos, Inc. v. Fernandez
G.R. No. 193426, September 29, 2014

The remedy under Article 559 of the Civil Code may be availed only by the owner of the lost movable who was unlawfully deprived of his property. Thus, title of ownership to the movable must first be established before the application of the provision.

Trinidad v. Spouses Palad and Kausapin
G.R. No. 203397, December 9, 2015

Mere possession cannot defeat the title of a registered Torrens title holder.

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