24 Capitle V de Gaban
24 Capitle V de Gaban
24 Capitle V de Gaban
Facts:
○ Right of action to demand partition does not prescribe,
● Fabian Correjado inherited two parcels of land from his father HOWEVER, acquisitive prescription may set in where one
Santos Correjado (Hinigaran Cadastre and Pontevedra Cadastre).
of the co-owners openly and adversely occupies the
○ He died intestate and was survived by 4 children: Julian, property without recognizing the co-ownership.
● After Fabian’s death, Julian occupied and cultivated the two ● Elements constituting adverse possession by co-owner against
parcels of land until his death and he was survived by 3 children: another co-owner:
● November 26, 1986: Capitle filed a complaint for the partition of ○ (ii) that such positive acts of repudiation have been made
the property alleging that Fabian contracted 2 marriages
known to the cestui que trust or the other co- owners;
○ First: Brigida Salenda (mother of Julian – Respondents)
and
● De Gaban’s answer: in the intestate proceedings of Santos, Capitle ● Granting that Capitle, as well as their predecessors-in-interest,
were not adjudicated any share in the property since Maria was were initially co-owners of the disputed property, nevertheless,
just a mistress of Fabian and therefore Capitle’s ascendants were acquisitive prescription in favor of de Gaban had already set in. de
illegitimate and not entitled to inherit under the old Civil Code
Gaban had performed unequivocal acts of repudiation.:
Held: Dispositive
NO. Elements constituting adverse possession by co-owner is present WHEREFORE, the petition is hereby DISMISSED and the decision of the
and therefore acquisitive prescription applies. Court of Appeals is AFFIRMED.