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Atun-Ra 1

This document is a summary of a court case from 1955 regarding land registration and inheritance rights. It discusses three key points: 1) Title to registered land cannot be acquired by adverse possession or prescription, and the right to recover possession is equally imprescriptible for registered owners and their heirs. 2) The legal heirs of a deceased registered land owner may file an action to recover the land without having to prove their status as heirs. 3) If a defendant's demurrer to the evidence is reversed on appeal in a civil case, they lose the right to present evidence in their defense. The specific case was an appeal of a ruling dismissing a complaint by plaintiffs to recover a registered parcel of land that was registered under their deceased

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37 views1 page

Atun-Ra 1

This document is a summary of a court case from 1955 regarding land registration and inheritance rights. It discusses three key points: 1) Title to registered land cannot be acquired by adverse possession or prescription, and the right to recover possession is equally imprescriptible for registered owners and their heirs. 2) The legal heirs of a deceased registered land owner may file an action to recover the land without having to prove their status as heirs. 3) If a defendant's demurrer to the evidence is reversed on appeal in a civil case, they lose the right to present evidence in their defense. The specific case was an appeal of a ruling dismissing a complaint by plaintiffs to recover a registered parcel of land that was registered under their deceased

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© © All Rights Reserved
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[G.R. No. L-8018. October 26, 1955.

GIL ATUN, ET AL., Plaintiffs-Appellants, v. EUSEBIO NUÑEZ, ET AL., Defendants-Appellees.

Doroteo L. Serrano for Appellants.

Alfredo S. Rebueno for Appellees.

SYLLABUS

1. LAND REGISTRATION LAW; TITLE TO REGISTERED LANDS CANNOT BE ACQUIRED BY PRESCRIPTION OR


ADVERSE POSSESSION; RIGHT TO RECOVER POSSESSION IS EQUALLY IMPRESCRIPTIBLE; HEREDITARY
SUCCESSORS OF REGISTERED OWNED ENJOY THE SAME RIGHT. — Section 46 of Act 496 expressly
provides that no title to registered land in derogation to that of the registered owner shall be acquired
by prescription or adverse possession. This Court has repeatedly held that the right of the registered
owner be recover possession of the registered property is equally imprescriptible, since possession is a
mere consequence of ownership. (Manlapus v. Llorente, 48 Phil., 298, 308; Eugenio v. Perdido, supra, p.
41; J.M. Tuason & Co., Inc., v. Bolaños, 95 Phil., 106) And if prescription is unavailing against the
registered owner, it must be equally unavailing against the latter’s hereditary successors’ because they
merely step into the shoes of the decedent by operation of law (new Civil Code, Art. 777; Art. 657, old),
the title or right undergoing no change by its transmission mortis causa.

2. ID.; ID.; ID.; ID.; LEGAL HEIRS NEED NOT PROVE OWNERSHIP OF LAND. — The rule is settled that the
legal heirs of a deceased may file an action arising out of a right belonging to their ancestor, without a
separate judicial declaration of their status as such, provided there is no pending special proceeding for
the settlement of the decedent’s estate (Mendoza Vda. de Bonnevie v. Cecilia Vda. de Pardo, 59 Phil.,
486; Gov’t. of P.I. v. Serafica, 61 Phil., 93; Uy Coque v. Sioca, 45 Phil., 430).

3. EVIDENCE; DEMURRER TO EVIDENCE. — Reversal on appeal of a ruling upholding a defendant’s


demurrer to the evidence imports in civil cases loss of his right to submit evidence in his behalf, in order
to discourage prolonged litigations (Arroy v. Azar, 76 Phil., 493, and cases therein cited).

DECISION

REYES, J.B.L., J.:

Appeal from an order of the Court of First Instance of Albay dismissing the complaint for recovery of a
parcel of registered land upon a motion to dismiss filed by defendants after plaintiffs had closed their
evidence. The land in question is located in Legaspi City and registered in the name of Estefania Atun,
deceased aunt of plaintiffs, under Original Certificate of Title No. 11696 of the Registry of Property of
Albay. The complaint was filed on August 7, 1950.

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