ACAP vs CA (Case Digest on Property)

 ACAP vs CA

GR. No. 118114

Subject:Property

 

Facts:

Felixberto Oruma inherited a parcel of land from his parent; and the said land was sold by Felixberto to Cosme Pido. Teodoro Acap had been the tenant of a portion of the said land. When ownership was transferred in 1975 by Felixberto to Cosme Pido, Acap continued to be the registered tenant thereof and religiously paid his leasehold rentals.

The controversy began when Pido died intestate, his surviving heirs executed a notarized document denominated as "Declaration of Heirship and Waiver of Rights to the subject lot in favor of EDY DE LOS REYES".

Private respondent sought for petitioner (Acap) to personally inform him that he (Edy) had become the new owner of the land and that the lease rentals thereon should be paid to him. Petitioner refused to pay any further lease rentals. After the lapse of four (4) years, private respondent filed a complaint for recovery of possession and damages against petitioner

During the trial before the court a quo, petitioner reiterated his refusal to recognize private respondent's ownership over the subject land.  [CA] Like the trial court, respondent court was also convinced that the said document stands as prima facie proof of appellee's (private respondent's) ownership of the land in dispute.

Issue:

Whether or not the subject declaration of Heirship and Waiver of Rights is a recognized mode of acquiring ownership

 

Held:

No.

 

Ratio:

An asserted right or claim to ownership or a real right over a thing arising from a juridical act, however justified, is not per se sufficient to give rise to ownership over the res. That right or title must be completed by fulfilling certain conditions imposed by law. Hence, ownership and real rights are acquired only pursuant to a legal mode or process. While title is the juridical justification, mode is the actual process of acquisition or transfer of ownership over a thing in question.

Under Article 712 of the Civil Code, the modes of acquiring ownership are generally classified into two (2) classes, namely, the original mode (i.e., through occupation, acquisitive prescription, law or intellectual creation) and the derivative mode (i.e., through succession mortis causa or tradition as a result of certain contracts, such as sale, barter, donation, assignment or mutuum).