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    Decaleng v. Bishop of The Missionary District

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    Marion Kho
    1. The Philippine Episcopal Church (PEC) filed an action to recover ownership over two parcels of land in Sagada, Mountain Province against Ambrosio Decaleng and Fabian Lopez, claiming it had proven ownership. 2. PEC presented evidence that one parcel, Ken-geka, was covered by a 1915 land title in the name of its predecessor, and was donated to PEC in 1974. It also presented evidence of decades of open possession and tax declarations for both parcels. 3. The court found PEC had sufficiently proven identity and title to the properties, as required to succeed in an ownership recovery action, and ruled in PEC's favor.

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    © All Rights Reserved
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    Decaleng v. Bishop of The Missionary District

    Uploaded by

    Marion Kho
    455 views2 pages
    1. The Philippine Episcopal Church (PEC) filed an action to recover ownership over two parcels of land in Sagada, Mountain Province against Ambrosio Decaleng and Fabian Lopez, claiming it had proven ownership. 2. PEC presented evidence that one parcel, Ken-geka, was covered by a 1915 land title in the name of its predecessor, and was donated to PEC in 1974. It also presented evidence of decades of open possession and tax declarations for both parcels. 3. The court found PEC had sufficiently proven identity and title to the properties, as required to succeed in an ownership recovery action, and ruled in PEC's favor.

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    Decaleng v. Bishop of the Missionary District

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    Decaleng v. Bishop of the Missionary District

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    1. The Philippine Episcopal Church (PEC) filed an action to recover ownership over two parcels of land in Sagada, Mountain Province against Ambrosio Decaleng and Fabian Lopez, claiming it had proven ownership. 2. PEC presented evidence that one parcel, Ken-geka, was covered by a 1915 land title in the name of its predecessor, and was donated to PEC in 1974. It also presented evidence of decades of open possession and tax declarations for both parcels. 3. The court found PEC had sufficiently proven identity and title to the properties, as required to succeed in an ownership recovery action, and ruled in PEC's favor.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    455 views2 pages

    Decaleng v. Bishop of The Missionary District

    Uploaded by

    Marion Kho
    1. The Philippine Episcopal Church (PEC) filed an action to recover ownership over two parcels of land in Sagada, Mountain Province against Ambrosio Decaleng and Fabian Lopez, claiming it had proven ownership. 2. PEC presented evidence that one parcel, Ken-geka, was covered by a 1915 land title in the name of its predecessor, and was donated to PEC in 1974. It also presented evidence of decades of open possession and tax declarations for both parcels. 3. The court found PEC had sufficiently proven identity and title to the properties, as required to succeed in an ownership recovery action, and ruled in PEC's favor.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Decaleng v.

    Bishop of the Missionary District


    675 SCRA 145
    June 27, 2012

    Doctrine:
     An accion reinvindicatoria is an action to recover ownership over real property. Article 434 of the New Civil
    Code provides that to successfully maintain an action to recover the ownership of a real property, the person
    who claims a better right to it must prove two things: first, the identity of the land claimed by describing the
    location, area, and boundaries thereof; and second, his title thereto.

    Facts:
     The Bishop of the Missionary District of the Philippine Islands of the Protestant Episcopal Church in the United
    States of America, otherwise known as the Philippine Episcopal Church (PEC), is a religious corporation duly
    organized and registered under the laws of the Republic of the Philippines, performing mission work in over
    500 communities throughout the country. The PEC was previously comprised of five dioceses, namely:
    Episcopal Diocese of Northern Philippines (EDNP), Episcopal Diocese of Northern Luzon, Episcopal Diocese
    of North Central Philippines, Episcopal Diocese of Central Philippines, and Episcopal Diocese of Southern
    Philippines. PEC-EDNP, which has canonical jurisdiction over the provinces of Mountain Province, Ifugao,
    Isabela, Quirino, Aurora, and Quezon, exercises missionary, pastoral, and administrative oversight of St. Mary
    the Virgin Parish in the municipality of Sagada, Mountain Province.
     On February 18, 1992, PEC-EDNP filed before the Regional Trial Court (RTC) of Bontoc, Mountain Province,
    Branch 36, a Complaint for Accion Reinvindicatoria andAccion Publiciana against Ambrosio Decaleng and
    Fabian Lopez (Lopez).
     PEC-EDNP alleged that it is the owner of two parcels of land in the Municipality of Sagada, located in areas
    commonly known as Ken-geka and Ken-gedeng. According to PEC-EDNP, the Ken-geka property is covered
    by Certificate of Title No. 1 of the Register of Deeds of Mountain Province, issued on February 18, 1915, in
    the name of The Domestic and Foreign Missionary Society of the Protestant Episcopal Church in the United
    States (U.S. Episcopal Church). According to Certificate of Title No. 1, the U.S. Episcopal Church acquired
    the Ken-geka property by virtue of a sales patent issued by the Governor-General of the Philippine Islands
    also on February 18, 1915.
     PEC-EDNP asserted that the U.S. Episcopal Church donated the Ken-geka property, among other real
    properties, to the PEC by virtue of a Deed of Donation executed on April 24, 1974. Around the second quarter
    of 1989, Ambrosio Decaleng entered and cultivated a portion of about 1,635 square meters of the Ken-geka
    property despite the protestations of PEC-EDNP representatives.

    Issue/s:
    1. Whether or not the Complaint for Accion Reinvindicatoria and Accion Publiciana should prosper?

    Held:
    Yes.

    Ratio:
     An accion reinvindicatoria is an action to recover ownership over real property. Article 434 of the New Civil
    Code provides that to successfully maintain an action to recover the ownership of a real property, the person
    who claims a better right to it must prove two things: first, the identity of the land claimed by describing the
    location, area, and boundaries thereof; and second, his title thereto.
     The Court finds that PEC-EDNP was able to successfully prove both requisites by preponderance of evidence,
    both documentary and testimonial.
     The identity of the properties over which PEC-EDNP asserts ownership is well-established. The Ken-geka
    property is covered by Certificate of Title No. 1, while the Ken-gedeng property is identified as Lot 3 of Survey
    Plan PSU-118424. The location, area, and boundaries of said properties were verified by relocation surveys.
     PEC-EDNP likewise proved its title to the Ken-geka and Ken-gedeng properties. The Ken-geka property was
    registered in the name of the U.S. Episcopal Church under Certificate of Title No. 1 issued on February 18,
    1915. It was conveyed by the U.S. Episcopal Church to PEC through a Deed of Donation dated April 24,
    1974. It was declared by the U.S. Episcopal Church and PEC-EDNP for real property tax purposes under Tax
    Declaration Nos. 6307, 14326, and A-11179. Although not yet covered by any certificate of title, the Ken-
    gedeng property had been occupied under claim of title (en concepto de dueo) by PEC-EDNP and its
    predecessor-in-interest, the U.S. Episcopal Church, since the latters arrival in 1901. It was declared by the
    U.S. Episcopal Church and PEC-EDNP for real property tax purposes under Tax Declaration Nos. 14325 and
    6306. PEC-EDNPs officers, priests, and employees, as well as the Sagada residents testified as to actual
    possession by PEC-EDNP of the Ken-geka and Ken-gedeng properties by the introduction of improvements
    such as permanent buildings, pine trees, fruit trees, and vegetable gardens thereon.
     PEC-EDNP submitted to the RTC its original copies of Certificate of Title No. 1 and Deed of Donation
    dated April 24, 1974, together with its Motion for Reconsideration of the RTC Decision dated January 20,
    1995. As for the spouses Decalengs contention that Certificate of Title No. 1 does not exist, the Court fully
    agrees with the Court of Appeals that the same constitutes a collateral attack of Certificate of Title No. 1. It is
    a hornbook principle that a certificate of title serves as evidence of an indefeasible title to the property in favor
    of the person whose name appears therein and is not subject to collateral attack.

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