G.R. NO. 152021 - HEIRS OF ERNESTO V. CONAHAP, NAMELY, NERRE D. GANCINO-CONAHAP, FARRAH MAY GANCINO CONAHAP, AND MELANIE GANCINO CONAHAP, VS. HEIRS OF PROSPERADOR* REGAÑA, NAMELY, MILAGROS REGAÑA AND CARLA JOY REGAÑA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that judgment be rendered: Ordering defendant, his privies, agents, and representatives to vacate the land in question, demolish his structure, and turn possession thereof to the plaintiff; Ordering defendant to pay rentals on the premises at the rate of five hundred (P500.00) pesos a month counted from January 1988 until possession thereof is restored to the plaintiff; Ordering defendant to pay exemplary damages in the amount of TEN THOUSAND (P10,000.00) pesos; Ordering defendant to pay attorney's fees in the amount of TEN THOUSAND (P10,000.00) Pesos plus appearance fees and other litigation expenses; Ordering defendant to pay to ( sic ) [the] costs. PLAINTIFF further prays for such other reliefs as the Honorable Court may deem just and equitable in the premises. [7] In his answer to the complaint, Ernesto alleged that Prosperador had no cause of action against him. He claimed that the subject property was part of a 188,299-square-meter lot owned by Saya V.A. Lim and covered by TCT No. 2341; it was later sold to Ecoland on June 14, 1974 via a deed of absolute sale, [8] and, thereafter, to the Regaña spouses. Ernesto further alleged that the property occupied by him was a portion of the property subject of Ponciano Sabroso's existing application for a free patent with the Bureau of Lands. He presented Feliciano Sabroso, Ponciano's brother, who declared that Ponciano had allowed Ernesto to construct his house over the property. During the pre-trial, Ernesto admitted that the spouses Regaña had purchased the property from Ecoland, and that it was titled in their names. For his part, Prosperador admitted that the property was covered by Ponciano's homestead patent application which was filed with the Bureau of Lands in 1982. Feliciano testified further that there was no "No Trespassing" sign installed on the property, nor any fence constructed around its perimeter. Ernesto adduced evidence that Ponciano's free patent application covered a 5½-hectare lot, located in Kabacan, Matina, Davao City, and that such application was filed with the Bureau of Lands on August 25, 1982. Ernesto alleged in his application that he had occupied the property since 1966 and planted coconut trees, fruit trees and vegetables. [9] Upon Ponciano's death on October 11, 1986, his brother Feliciano secured an authority from the Bureau of Lands for the survey of the property on October 26, 1988. [10] The property was surveyed on October 28, 1988 and February 3, 1989 by Geodetic Engineer Meliton Panes who prepared a plan [11] covering the said lot. It appeared in the said plan that the property [12] claimed by the Regaña spouses was owned by Ponciano. Per the Memorandum [13] of the Regional Technical Director of the Land Management Services, dated July 31, 1991, a committee was created to oversee the relocation survey of the exact boundaries of the Ecoland property. Ernesto further alleged t