In a dispute over land ownership, the Supreme Court affirmed the principle that a party in continuous possession of property is not subject to prescription, reinforcing their right to seek judicial intervention to clarify adverse claims on their title. The decision underscores the significance of actual possession as a defense against claims of ownership by others, especially when seeking reconveyance of property. This ruling clarifies the interplay between property rights, possession, and the legal remedies available to landowners.

Can Continuous Possession Trump a Claim of Ownership? The Tomakin Case

The case of Heirs of Leonarda Nadela Tomakin v. Heirs of Celestino Navares centered on a contested parcel of land in Cebu City, originally owned by Jose Badana. After Badana’s death, his sisters, Quirina and Severina, purportedly sold portions of the land to different parties, leading to overlapping claims. The Heirs of Celestino Navares (respondents Navares) filed a complaint for reconveyance against the Heirs of Leonarda Nadela Tomakin (petitioners Tomakin), asserting their right to a portion of the land based on a 1955 sale. The core legal question was whether the respondents’ action for reconveyance was barred by prescription and whether their possession of the land validated their claim.

The Regional Trial Court (RTC) initially ruled in favor of petitioners Tomakin, but the Court of Appeals (CA) reversed this decision, upholding the validity of the 1955 sale to respondents Navares’ predecessors. The CA emphasized that the respondents’ continuous possession of the land meant their action for reconveyance was akin to an action to quiet title, which is not subject to prescription. Petitioners Tomakin then elevated the case to the Supreme Court, arguing that the respondents’ possession was not in the concept of an owner, and that the Torrens title should be indefeasible.

The Supreme Court, however, sided with the CA, reinforcing the principle that possession serves as a continuing right to seek judicial intervention. The Court cited the case of Sps. Alfredo v. Sps. Borras, stating that “prescription does not run against the plaintiff in actual possession of the disputed land because such plaintiff has a right to wait until his possession is disturbed or his title is questioned before initiating an action to vindicate his right.” This doctrine is crucial in protecting landowners who may not have formal titles but have maintained continuous and adverse possession.

Building on this principle, the Court clarified that an action for reconveyance, when coupled with continuous possession, effectively becomes an action to quiet title. This distinction is significant because an action to quiet title aims to remove any cloud or doubt over the title to real property. Unlike other real actions, it is imprescriptible when the plaintiff is in possession of the property. The Court emphasized that respondents Navares filed the action for reconveyance precisely because they considered themselves the owners of the property before the claim of petitioners Tomakin arose.

Regarding the issue of collateral attack on the certificate of title, the Supreme Court clarified that respondents Navares availed themselves of the correct remedy. The Court cited The Director of Lands v. The Register of Deeds for the Province of Rizal, noting that the proper recourse for a landowner whose property has been wrongfully registered in another’s name is to bring an action for reconveyance. This remedy respects the decree as incontrovertible but allows the rightful owner to seek redress through ordinary court proceedings.

The Court also addressed the petitioners’ argument that respondents Navares lacked a cause of action because they had not previously filed a petition for declaration of heirship. The Court found that this issue was raised belatedly on appeal and was not presented during the trial. Citing Section 15, Rule 44 of the Rules of Court, the Supreme Court reiterated that a party may not change their theory of the case on appeal. Since the issue was not raised in the Pre-Trial Brief or during the RTC proceedings, it could not be considered on appeal.

Moreover, the Court emphasized that defenses not pleaded in the answer may not be raised for the first time on appeal. The Court cited Commissioner of Internal Revenue v. Mirant Pagbilao Corporation, explaining that “a party cannot, on appeal, change fundamentally the nature of the issue in the case.” Allowing such a change would be unfair to the adverse party and would contravene the fundamental tenets of fair play, justice, and due process.

Finally, the Court rejected the argument that respondents Navares were guilty of laches. Laches is defined as the failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. However, because respondents Navares had been in possession of the property and exercising acts of dominion over it, they could not be deemed guilty of laches.

The Court reaffirmed that the undisturbed possession of respondents Navares gave them a continuing right to seek the aid of a court of equity to determine the nature of the adverse claim of petitioners Tomakin. In essence, their possession served as a shield against prescription and laches, reinforcing their right to seek judicial clarification of their property rights.

FAQs

What was the key issue in this case?	The key issue was whether the respondents’ action for reconveyance was barred by prescription, considering their continuous possession of the land. The Court ultimately ruled that their possession meant the action was not subject to prescription.
What is an action for reconveyance?	An action for reconveyance is a legal remedy available to a landowner whose property has been wrongfully registered in another’s name. It aims to transfer the title back to the rightful owner.
What does it mean to quiet title?	To quiet title means to remove any cloud or doubt over the ownership of real property. It is a legal action that clarifies and confirms the owner’s rights, resolving any adverse claims or encumbrances.
What is prescription in property law?	In property law, prescription refers to the acquisition of ownership or other real rights through the lapse of time under conditions prescribed by law. However, it does not apply to those in continuous possession seeking to quiet title.
What is laches?	Laches is the unreasonable delay in asserting a right, which leads to a presumption that the party has abandoned it. The court ruled it did not apply here because the respondents actively occupied and managed the property.
Why did the Supreme Court reject the petitioners’ claim of indefeasibility of title?	The Court recognized the indefeasibility of a Torrens title but clarified that this principle does not bar an action for reconveyance when the property was wrongfully registered. The remedy of reconveyance is available to correct such errors.
What was the significance of the 1955 Deed of Sale with Condition?	The 1955 Deed of Sale established the respondents’ predecessors’ right to the land. The Court upheld its validity, reinforcing the respondents’ claim of ownership based on this initial transaction.
Can a party raise new issues on appeal?	Generally, no. The Supreme Court reiterated that issues not raised during the trial court proceedings cannot be raised for the first time on appeal. This principle ensures fairness and prevents parties from changing their legal strategy belatedly.

This case reaffirms the significance of possession in protecting property rights. It serves as a reminder that continuous and adverse possession can serve as a powerful shield against claims of prescription and laches, allowing landowners to seek judicial clarification of their rights.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Heirs of Leonarda Nadela Tomakin vs. Heirs of Celestino Navares, G.R. No. 223624, July 17, 2019