G.R. No. 201234 - HEIRS OF AMADA A. ZAULDA, NAMELY: ELESEO A. ZAULDA AND RODOLFO A. ZAULDA, VS. ISAAC Z. ZAULDA.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, petitioners Petition for Review dated September 9, 2010 is hereby DISMISSED. SO ORDERED . [3] [Emphases supplied] The Antecedents: The controversy stemmed from a complaint for recovery of possession and declaration of ownership filed by the heirs of Amada Aguila-Zaulda, namely, Eleseo A. Zaulda and Rodolfo A. Zaulda (petitioners) , against respondent Isaac Z. Zaulda (respondent) , before the Municipal Circuit Trial Court, Banga-Libacao-Madalag, Banga, Aklan (MCTC) . The complaint [4] alleged, among others, that petitioners were the legal heirs of the late Amada Aguila Zaulda; that the latter was one of the children and legal heirs of the late Teodulo Aguila and Dorotea Zolina (Spouses Aguila) ; that they were co-owners of a parcel of land, Lot 917-M, with an area of 4,263 square meters, situated in Barangay Guadalupe, Libacao, Aklan; that they acquired the subject property by inheritance from the Spouses Aguila per Deed of Extra-judicial Partition of Realty, dated November 2, 1993; that they have been in open, continuous and adverse possession of the subject property since time immemorial as evidenced by tax declarations for the years 1945, 1953, 1957, 1980, 1985, and 1990; that sometime in March 2000, respondent, through force and intimidation, forcibly entered the subject property and, there and then, cut and took with him bamboos and other forest/agricultural products; that on March 29, 2000, respondent, together with two (2) other unidentified persons, forcibly entered the subject property and, with threat and intimidation, constructed and built a house made of light material; and that petitioners demanded respondent to vacate and turn over the subject property to them but the latter refused to do so. In his Answer, [5] respondent averred that Erene Aguila Zaula (Erene) , his predecessor-in-interest, was the actual and physical possessor of the subject land; that the property which the petitioners were claiming was donated to the Municipality of Libacao, Aklan, for school site purposes; that after the donation, Tax Declaration No. 6636 covering the said land was cancelled, and a new Tax Declaration No. 8619 in the name of the Municipality of Libacao was issued and Tax Declaration No. 8618 for the remaining portion of 3,805 square meters was issued to Spouses Aguila; that in Tax Declaration No. 8618, it was erroneously entered therein that it contained 14,500 square meters when it should be only 3,805 square meters; that petitioners caused the survey of the land and instead of confining themselves to the remaining area of 3,805 square meters, they included part and portion of the property including the subject land which was owned by Erene; and that when the heirs of Erene found out that part of their land was included in the tax declaration issued to spouses Aguila, they filed a protest before the DENR. On December 29, 2008, the MCTC rendered judgment, [6] disposing as follows: WHEREFORE, premises considered, the court finds pre