DOMINICA CUTANDA v. HEIRS OF ROBERTO CUTANDA

FACTS:

Roberto Cutanda owned 2 parcels of land in Bohol, and upon his death, his children became owners of said land by inheritance. They left Bohol and established residence in Leyte. In 1988, they returned to Bohol hoping to work on the land that was left to them. However, they discovered that these lands were already in the possession of their relatives—heirs of their uncles and aunts.

Petitioners averred that the land in question is actually owned by their late uncle, Anastacio Cutanda, who died without children, and left the lands to his siblings, one of which was Roberto Cutanda.

Furthermore, they claim rightful ownership of the land as they have been in open, contiguous, adverse, and uninterrupted possession of these for about 55 years.

The trials court found for the Petitioners. However, the CA reversed the RTC’s decision.

ISSUE:

Whether or not the rights of the heirs of Roberto Cutanda have already prescribed, thus, giving rightful ownership to the Petitioners?

HELD:

The action brought by the respondents to the court was one of accion publiciana to recover the right to possession and to be declared rightful owners of the land. Since the complaint actually put in issue the ownership of the land, it should thus be treated properly as an accion reinvindicatoria.

Nevertheless, both have already prescribed as these rights are extinguished if not brought within 10 years from dispossession. Therefore, the petitioners have indeed acquired possession and ownership of the land in question by prescription, as the respondents failed to bring this action only 55 years later.