Labrador vs. Sps Perlas

G.R. No. 173900, August 8, 2010

GAUDENCIO LABRADOR, represented by LULU LABRADOR USON, as Attorney-in-Fact, Petitioner, vs. SPS. ILDEFONSO PERLAS and PACENCIA PERLAS and SPS. ROGELIO POBRE and MELINDA FOGATA POBRE, Respondents

Petitioner and respondents presented two different versions of the facts of this case.

Petitioner Gaudencio Labrador, represented by Lulu Labrador Uson as attorney-in-fact, alleges that he is the registered owner of a parcel of land situated in Bangan-Alalang, Barrio Amungan, Iba, Zambales, consisting of 53,358 square meters, and covered by Original Certificate of Title (OCT) No. P-3030 issued on 16 January 1973. Sometime between 1957 and 1958, Melecio Labrador (Melecio), petitioners father and predecessor-in-interest, was requested by respondent spouses  ldefonso Perlas and Pacencia Perlas (Spouses Perlas) to be allowed to live temporarily in a portion of the said parcel of land. Ildefonso Perlas was a relative of Casiana Aquino, the wife of Melecio. Melecio acceded to the request, on the condition that Spouses Perlas would vacate the occupied portion of land upon demand by Melecio or by any of his heirs or representatives. Later, Spouses Perlas requested Melecio to allow them to occupy another portion of the land to be used as vegetable plantation. Again, Melecio acceded to their request.

In 1979, without the knowledge and consent of petitioner, Spouses Perlas sold the portions of land they were occupying to respondent spouses Rogelio Pobre and Melinda FogataPobre (Spouses Pobre). Upon knowledge of the sale sometime in 1992, petitioner instructed his representative to demand that Spouses Perlas vacate the occupied portions of land, but the latter refused to do so.

On 20 October 1994, petitioner filed with the RTC of Iba, Zambales, a Petition for Annulment of Deed of Absolute Sale, Recovery of Possession and/or Ownership, with Application for Issuance of Preliminary Mandatory Injunction and Temporary Restraining Order and Damages, docketed as Civil Case No. RTC-1081-I.

Respondents, on the other hand, allege that since 1957, Ildefonso Perlas and his family had been living in a parcel of land situated in Sitio Bolintabog, Barangay Amungan, Iba, Zambales. Ildefonso improved and developed said land without the intervention of Melecio Labrador whose land is separate and distinct from that occupied by Ildefonso and his family. The subject land occupied by Ildefonso and his family was declared as alienable and disposable public land in a Certification dated 20 January 1983 issued by the Provincial Officer of the Bureau of Lands in Iba, Zambales. Respondents now claim that Spouses Perlas are the absolute owners of the subject land measuring 2,903.6 square meters and covered by Tax Declaration No. 001-1390 issued in 1994.

Issue: WON petitioner has a valid title over the property?

Held:

Petitioner has a valid title over his property (i.e., the land covered by OCT P-3030). As a registered owner, petitioner has a right to eject any person illegally occupying his property. This right is imprescriptible and can never be barred by laches. In Bishop v. Court of Appeals, we held, thus:

 As registered owners of the lots in question, the private respondents have a right to eject any person illegally occupying their property. This right is imprescriptible. Even if it be supposed that they were aware of the petitioners occupation of the property, and regardless of the length of that possession, the lawful owners have a right to demand the return of their property at any time as long as the possession was unauthorized or merely tolerated, if at all. This right is never barred by laches.