
OCLARIT V. COURT OF APPEALS 233 SCRA 239
Category: Property, Ownership and Its Modifications
OCLARIT V. COURT OF APPEALS
233 SCRA 239
FACTS:
Petitioners instituted an action for reconveyance against the heirs of Neri. Previously, there was an agreement entered into by Neri with the heirs. In the said agreement, Neri was a vendee-a-retro who has been entrusted the possession of parcel of land for 14 years. After said period, he would return possession to the petitioners. The trial court decided in favor of petitioners. The CA reversed, saying that petitioner failed to show preponderance of evidence to support their claim of absolute ownership.HELD:
In able to maintain an action for recovery of ownership, the person who claims that he has a better right of the property must prove not only his ownership of the property claimed but also the identity thereof, fixing the identity of the land claimed by describing the location, area and boundaries thereof.What really defines a parcel of land isn’t the area mentioned in its description but the boundaries therein laid down, as enclosing the land and indicating its limits.
Related Philippine Law Resources:
Newer Philippine Law Resources:
- SPOUSES BENITEZ V. CA 266 SCRA 242 -
- ACCESSION DISCRETA (RIGHT OF ACCESSION WITH RESPECT TO WHAT IS PRODUCED BY PROPERTY) -
- SPOUSES LUIS CRUZ V. SPOUSES ALEJANDRO FERNANDO SR. DECEMBER 9, 2005 -
- DOMINICA CUTANDA V. HEIRS OF ROBERTO CUTANDA 335 SCRA 418 -
- HEIRS OF JUAN OCLARIT V. COURT OF APPEALS 233 SCRA 239 -
Additional Law Reading:
OCLARIT V. COURT OF APPEALS 233 SCRA 239
Category: Property, Ownership and Its Modifications
OCLARIT V. COURT OF APPEALS
233 SCRA 239
FACTS:
Petitioners instituted an action for reconveyance against the heirs of Neri. Previously, there was an agreement entered into by Neri with the heirs. In the said agreement, Neri was a vendee-a-retro who has been entrusted the possession of parcel of land for 14 years. After said period, he would return possession to the petitioners. The trial court decided in favor of petitioners. The CA reversed, saying that petitioner failed to show preponderance of evidence to support their claim of absolute ownership.HELD:
In able to maintain an action for recovery of ownership, the person who claims that he has a better right of the property must prove not only his ownership of the property claimed but also the identity thereof, fixing the identity of the land claimed by describing the location, area and boundaries thereof.What really defines a parcel of land isn’t the area mentioned in its description but the boundaries therein laid down, as enclosing the land and indicating its limits.
Related Philippine Law Resources:
Newer Philippine Law Resources:
- SPOUSES BENITEZ V. CA 266 SCRA 242 -
- ACCESSION DISCRETA (RIGHT OF ACCESSION WITH RESPECT TO WHAT IS PRODUCED BY PROPERTY) -
- SPOUSES LUIS CRUZ V. SPOUSES ALEJANDRO FERNANDO SR. DECEMBER 9, 2005 -
- DOMINICA CUTANDA V. HEIRS OF ROBERTO CUTANDA 335 SCRA 418 -
- HEIRS OF JUAN OCLARIT V. COURT OF APPEALS 233 SCRA 239 -
Additional Law Reading:
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