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    Tuazon v. Tuazon G.R. No. 200115 August 1, 2018: Issue

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    SALMAN JOHAYR
    - Petitioners filed an accion reivindicatoria to recover possession of a 73 square meter portion of land from respondents, alleging they had lawful possession since 1968 but respondents unlawfully occupied the land since 1998. - Respondents denied the allegations and claimed they owned the land in common since 1965. - The issue was whether the petitioners' cause of action had prescribed. - The Court ruled the petitioners' claim had prescribed, as accion publiciana to recover possession prescribes after 10 years per Article 555(4) of the Civil Code, not the 30 years claimed by petitioners.

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    Tuazon v. Tuazon G.R. No. 200115 August 1, 2018: Issue

    Uploaded by

    SALMAN JOHAYR
    146 views1 page
    - Petitioners filed an accion reivindicatoria to recover possession of a 73 square meter portion of land from respondents, alleging they had lawful possession since 1968 but respondents unlawfully occupied the land since 1998. - Respondents denied the allegations and claimed they owned the land in common since 1965. - The issue was whether the petitioners' cause of action had prescribed. - The Court ruled the petitioners' claim had prescribed, as accion publiciana to recover possession prescribes after 10 years per Article 555(4) of the Civil Code, not the 30 years claimed by petitioners.

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    Tuazon-v-Tuazon

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    - Petitioners filed an accion reivindicatoria to recover possession of a 73 square meter portion of land from respondents, alleging they had lawful possession since 1968 but respondents unlawfully occupied the land since 1998. - Respondents denied the allegations and claimed they owned the land in common since 1965. - The issue was whether the petitioners' cause of action had prescribed. - The Court ruled the petitioners' claim had prescribed, as accion publiciana to recover possession prescribes after 10 years per Article 555(4) of the Civil Code, not the 30 years claimed by petitioners.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    146 views1 page

    Tuazon v. Tuazon G.R. No. 200115 August 1, 2018: Issue

    Uploaded by

    SALMAN JOHAYR
    - Petitioners filed an accion reivindicatoria to recover possession of a 73 square meter portion of land from respondents, alleging they had lawful possession since 1968 but respondents unlawfully occupied the land since 1998. - Respondents denied the allegations and claimed they owned the land in common since 1965. - The issue was whether the petitioners' cause of action had prescribed. - The Court ruled the petitioners' claim had prescribed, as accion publiciana to recover possession prescribes after 10 years per Article 555(4) of the Civil Code, not the 30 years claimed by petitioners.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    31. Tuazon v.

    Tuazon
    G.R. No. 200115 August 1, 2018

    Facts:
    Petitioners filed an accion reivindicatoria. Alleging that: they were the prior and actual
    lawful possessors and bonafide claimants of a parcel of land identified as Lot No. 165, Ts-308
    situated at No. 83-18th Street, East Bajac Bajac, Olongapo City from 1968 up to the present.
    They also averred that Lydia Tuazon and Anunciacion Tuazon unlawfully occupied and withheld
    physical possession of a portion of Lot No. 165 containing an area of more or less 73 square
    meters property and that despite repeated demands to vacate the premises, of which the last
    demand was made on December 1998, respondents refused to do so, forcing petitioners to
    refer the matter to the barangay for resolution. The parties failed to amicably settle the matter
    which led to the issuance of a "certification to file" on February 18, 1999. However, respondents
    denied the allegations, they alleged that Lydia and her three sisters, now deceased, owned the
    subject parcel of land in common, having purchased it using their own funds sometime in 1965.
    Issue:
    Whether or not the petitioners’ cause of action has prescribed.
    Ruling:
    Yes. Petitioners' claim that the prescriptive period for the action should be 30 years is
    misplaced. Article 1141 of the Civil Code explicitly states that real actions over immovables
    prescribe after 30 years, without prejudice to what is established for the acquisition of ownership
    and other real rights by prescription. Since the action before us is one of accion publiciana,
    which seeks recovery of the real right of possession, Article 1141 must be read in relation to
    established rules on prescription governing the real right of possession. Article 555 (4) of the
    Civil Code provides that, "the real right of possession is not lost till after the lapse of ten years."
    It is for this reason that we have time and again ruled that the remedy of accion publiciana is no
    longer available after the lapse of 10 years from dispossession.

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