RAMONA T. LOGRONIO, CONSUELO T. LEDUNA, PRESENTACION T. TORRES, EDITH MONTENEGRO, LITA S. TIÑA, AND SEVERINO DUHAYLUNGSOD, VS. ROBERTO TALESEO,[1]

Ruling

WHEREFORE, the appealed Decision is MODIFIED in that [herein respondents] are declared the owners and possessors of Parcel No. 1 which is covered by TD No. 85-19-1119. Cost against the [herein petitioners]." On the other hand, the trial court [5] Decision, [6] which was modified by the CA, had ruled as follows: [7] "WHEREFORE, judgment is hereby rendered: Declaring [herein petitioners] the true and lawful owner[s] of the parcels of land described and covered by Tax Declaration No. 85-19-115 (Exhibit `8-e') in the name of Manuel Tiña and that parcel of land under Tax Declaration No. 926 in the name of Lucio Taliseo. Ordering [herein respondents] to vacate xxx the two (2) parcels of land as enumerated in paragraph one (1) of the dispositive portion of this decision and prohibit[ing] [herein respondents] or their agent from molesting, interfering and preventing [herein petitioners] from their useful occupation, cultivation and enjoyment of the said parcels of land which are hereto adjudicated to them. Ordering the [herein respondents] to pay [herein petitioners] P2,000.00 attorney's fees; P10,000.00 moral damages and costs of the proceedings." Also assailed is the CA Resolution denying reconsideration. [8] The Facts As found by the Court of Appeals, the facts of this case are as follows: [9] "Lucio Taliseo was the owner of two parcels of land situated in Maninihan, Bayawan, Negros Oriental herein referred to as Parcel No. 1 and Parcel No. 2. Parcel No. 1 has an area of 44,672 square meters and was tax declared in his name in 1919 under TD No. 2088 (Exhibit A). Now, it is covered by TD 85-19-1919 (Exhibit 8-E) in the names of Manuel Tiña, et al. Parcel No. 2 has an area of 48,813 square meters now covered by TD 926 and OCT No. PV-19372 in the name of the heirs of Eugenia Tugbu. On May 3, 1922, Lucio Taliseo executed an untitled document in the Spanish language (Exhibit 7) by virtue of which, for P200.00, he sold Parcel No. 1 to Basilio Tiña with a right of repurchase within a period of four (4) years from the execution of said deed. For unclear reasons, Basilio Tiña took possession not only of Parcel No. 1 but also of Parcel No. 2 and farmed them. "Lucio Taliseo failed to repurchase Parcel No. 1 within the stipulated period which expired on May 3, 1926. Subsequently, this land was tax declared in the name of Basilio Tiña in TD 9351 (Exhibit 8) on August 28, 1936. This was cancelled successively by TD 888 (Exhibit 8-A) in 1949, TD 9928 (Exhibit 8-B) in 1967, and in TD-00521 (Exhibit 8-C) in 1974 all in his name. Upon the death of Basilio Tiña in 1957, his heirs Manuel Tiña, et al. caused the cancellation of the last tax declaration in the name of their father and a new one was issued in their names. This was TD 6211 (Exhibit 8-D) issued in 1980 which was cancelled by TD-85-19-1119 (Exhibit 8-E) still in their names. Taxes over this land from 1967 to 1986 were paid by Basilio Tiña and after his death, by his heirs per Certification (Exhibits 9 and 9-a)