Civil Law Flashcards
Possession - Acquisition
Palajos v. Abad, G.R. No. 205832, March 7, 2022
Possession can be acquired not only by material occupation, but also by the fact that a thing is subject to the action of one’s will or by the proper acts and legal formalities established for acquiring such right.
Possession - Recovery
Gemina v. Espejo, G.R. No. 232682, September 13, 2021
In an action to recover possession of real property under Article 434 of the New Civil Code, a technical description of the property, citing its metes and bounds, cannot stand alone, nor can it be considered foolproof evidence pointing to the subject property.
Ownership - Proof
Magsaysay v. Perez, G.R. No. 225426, June 28, 2021
The person who claims a better right of ownership to the property sought must prove two (2) things:
(1) the identity of the land claimed; and
(2) his title thereto.
Forum Shopping - Ejectment Case then Collection Case
Santos Ventura Hocorma Foundation, Inc., v. Mabalacat Institute, Inc., G.R. No. 211563, September 29, 2021
There is no forum shopping when the Ejectment Case was filed subsequent to the Collection Case, while the latter is still pending. There is no identity of rights and reliefs prayed for, and any judgment would not amount to res judicata.
Ownership - Partial Partition
Heirs of Marquez v. Heirs of Hernandez, G.R. No. 236826, March 23, 2022)
When a co-owner points out the boundaries of the property, and the other co-owners do not object thereto, there is, in effect a partial partition. Thus, when the specific portion is segregated and sold, it is as if they had agreed to the sale.
Ownership - Alienation
Reyes v. Spouses Garcia, G.R. No. 225159, March 21, 2022)
A co-owner may alienate an inchoate portion of the subject property which belongs to him or her as provided under Article 493 of the New Civil Code. Here, since Isidoro is a mere part owner, Sps. Garcia will only get Isidoro’s undivided share of the property sold.
